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CMG
 CONTRACTOR MANAGEMENT GUIDELINES
                                   101




                      CONSISTING                OF
                     1 ESTABLISHING    A   CONSTRUCTION BUSINESS
                 2 OPERATING       A   CONSTRUCTION BUSINESS
                3 EXECUTING    A   CONSTRUCTION PROJECT




The   Construction    Industry         Development         Board
 
SECTION 2
 O PERATING A C ONSTRUCTION B USINESS

      TOPIC                 CONTENTS
      Securing              • Money                                    • Formwork and scaffolding suppliers


1
      resources             • Material supplies                        • People
                            • Equipment                                • Subcontractors




                                                                                                                   SECTION 2
      Financial             • Financing a construction business        • Fixed assets and working capital


2
      management
                            • Sourcing finance                         • Cash flow
                            • Keeping records and accounts             • Invoicing and terms of payment




      Marketing             • Marketing concepts                       • A marketing plan


3                           • Publicity
                            • Promoting a construction business
                                                                       • Effectiveness of marketing campaigns




      Tender                • Identify the market segment              • Analysing the requirements of the
      considerations                                                     tender documents
                            • Identify competitors



4
                                                                       • Analysing the opportunity for profit
                            • Finding work opportunities
                                                                       • Clarification meeting
                            • Private and public sector tenders and
                              quotations                               • Making a tender submission
                            • Obtaining information on tender          • Tender checklist
                              opportunities


      Public Construction   • cidb standard for uniformity in             a call for expressions of interest
      Procurement System      construction procurement
                                                                       • Standard conditions for the calling for
                            • Procurement procedures                     expressions of interest


5                           • Structure of procurement documents
                            • Standard forms of contract
                            • Standard conditions of tender
                                                                       • South African national standards
                                                                         identified in the scope of work
                                                                       • cidb code of conduct for the parties
                                                                         engaged in construction procurement
                            • Structure of documents associated with




The   Construction                        Industry                Development                        Board
CONTINUED

                  TOPIC                     CONTENTS
                  Public Construction    • The Promotion of Administrative       • Prevention and Combating of
                  Procurement System       Justice Act                             Corrupt Activities Act
                  Continued
                                         • The Public Protector

                                         • Requirements for public sector        • Basis upon which the employer will
                  Tendering for public
                                           construction procurement                evaluate tenders
                  sector work




            6
                                         • Understanding the cidb standard
                                           conditions of tender
SECTION 2




                                         • Submitting a compliant (responsive)
                                           tender offer


                  Pricing strategies     • Understanding the pricing strategy    • Activity schedules
                                           of the tender




            7
                                                                                 • Cost reimbursable contract
                                         • Bills of quantities
                                                                                 • Target cost contract
                                         • Example of a bill of quantities
                                                                                 • Standard pricing strategies for main
                                         • Schedules of rates                      contractors
                                         • Lump sum prices


                  Contractual            • The fundamentals of a construction    • Standard construction works




            8
                  considerations           works contract                          contracts and subcontracts
                                         • Concluding a contract                 • Typical features of construction
                                                                                   works contracts for main contractors
                                         • Concluding a contract using the
                                           cidb procedures                       • Contractor’s lien


                  Pricing a tender       • Building up a tender price            • Pricing the equipment required for a
                                                                                   tender
                                         • Estimating the quantum of work
                                           involved                              • Pricing the plant and material
                                                                                   required for a tender




            9
                                         • Obtaining prices from material
                                           suppliers                             • Pricing for general items
                                         • Establishing equipment requirements   • Allowances
                                         • Pricing the labour required for a     • Finalising the tender price
                                           tender




            The   Construction               Industry                   Development                       Board
SECTION 2.1: SECURING                               RESOURCES

MONEY
The owners of a construction business (contractor) may use their own money (equity capital), borrow
                                                                                                               Most people go into
capital from the bank or other source to start a construction business (see section 2.2).              This    business to make
money/capital is used by the business to acquire resources, e.g. materials, labour, and plant. The             money, that is, they
business owners need to use this money/capital effectively to obtain a good return on their investment,        want to take money
otherwise they could invest their money/capital in other forms of investment products which will yield         out of the business.
                                                                                                               In order for money to
higher returns on their money. The profits made (retained profits) by the construction business should
                                                                                                               be taken out of a
be ploughed back into the business to reduce the amount of money that needs to be borrowed from
                                                                                                               business, there has to
banks or other sources.                                                                                        be money in the
                                                                                                               business that is not
The most well-known lending institutions are banks, whose primary business is lending money to
                                                                                                               owed to anybody.
individuals and companies by charging interest on the loan amount. Borrowing money from banks is               The temptation to
expensive. In addition to the interest charged, banks add services fees for each service that they             take money out of the
provide. For example, on cheque accounts, banks charge a minimum service fee per month for each                business apart from
cheque issued.                                                                                                 your salary, while the
                                                                                                               business has debts,
A bank overdraft is a very useful source of income for the bank. Interest is calculated on the daily           must be resisted.
balance on the overdraft amount, i.e. the amount of money owed to the bank. If on one day
R10 000 is owed and the overdraft rate is 20% the interest that will be charged on that day will be
10 000 x 20% x 1/365 = R5,48.

The banks add this interest charge to a construction business' account once a month. The interest is           Construction
compounded every month. That is, the interest is added to the overdraft on a monthly basis and                 businesses should try
interest is then charged on the new total amount. In this way, interest is charged on interest. For            to use their own
                                                                                                               money and save the
example, if R10 000 is borrowed at a flat rate of 20% interest on January 1st and is repaid on
                                                                                                               interest and bank
December 31st of the same year, the annual interest is R2 000. The same calculation if interest is
                                                                                                               charges in order to
charged on interest (compound interest) the interest charges will be R2 213,35.                                remain competitive.

Other aspects that impact upon a construction business' cash flow and overdraft limits are:

• Prompt payment from clients for work completed.
                                                                                                               Contractors need to:
• Limiting spending to the absolute minimum and paying as late as payment conditions permit, e.g.
  payment to material suppliers and plant hiring companies.                                                    • Make sure that they
                                                                                                                 know exactly how
• Optimising ordering of material, i.e. don't order materials too early and order only that which is
                                                                                                                 much money is
  required at that point in time.                                                                                needed for a contract.

• Building up of cash reserves by resisting the temptation to spend.                                           • Negotiate to get the
                                                                                                                 best possible interest
• Choosing not to tender for work where the contractor cannot be competitive due to the cost of
                                                                                                                 rate on borrowings.
  money, e.g. where the client says in the tender "payment within 45 days” or “payment within
  60 days” and the contractor has insufficient credit, such terms of payments could be extremely               • Know how the interest
  prohibitive.                                                                                                   rate will be calculated
                                                                                                                 (per month, etc.).
Apart from the banks, there are other organisations such as Khula Enterprises Limited that can be
                                                                                                               • Know what the bank
approached for support. Contractors should be extremely careful of money lenders as they are
                                                                                                                 charges will be.
permitted in terms of the law to charge a much higher interest rate than the banks.
                                                                                                               • Make assumptions as
The contractor needs to consider the advantages of credit, as a slightly higher price with credit facilities     to when a client is
may be a better option when procuring resources. Even if the price from a supplier looks good initially          likely to pay.
it may not be the best deal.
                                                                                                               • Calculate the cost of
                                                                                                                 money before
                                                                                                                 submitting a tender.

                                                               1
MATERIAL        SUPPLIES
                         Contractors should procure materials of the right quality delivered on time at the cheapest price. All
                         three of these requirements are extremely important. There is no point in getting materials at a low
                         price if they are rejected once they are received, delivered to a site or built into the works. Materials
                         not delivered on time may delay the works and prove to be very costly. Contractors should accordingly
                         resist procuring on price alone. It is imperative that the required quality, quantity and time for delivery
                         are established and understood before approaching a supplier. At the same time these requirements
                         need to be clearly communicated to the supplier when ordering materials or obtaining a quotation for
                         tender purposes.

                         It should also be established whether or not the materials are to be delivered or collected and what
                         storage capacity is available to receive the materials. It may also be necessary to establish whether the
                         supplier is a VAT vendor, and it is important to know whether or not VAT is included in the quoted price.

Credit is not            The most common credit period is 30 days. This normally means that payment is required 30 days
everything, but it is    from the date on the statement. Suppliers usually deliver materials on a particular day and will invoice
extremely important      immediately. Towards the end of that month the supplier sends out a statement with a summary of all
to obtain it providing
                         the invoices sent and all monies received from the contractor during that month. Thirty days credit
that the contractor
can manage it            means that a contractor has 30 days from the date of this statement to pay, failing which they could
correctly. Credit        well be charged interest by the supplier and lose the right to claim any discounts.
means that materials
can be ordered and       Ideally, materials should be ordered so that they can be built into the project within a month of delivery.
only paid for after a    This will allow the cost of the materials to be included in the payment certificate that is presented to
certain period of time   the client for payment. It is even possible that the client will pay the certificate before the contractor
following delivery has   has to pay the suppliers of the materials. Should this occur, the contractor will be able to buy materials
elapsed.                 without having to use or increase borrowings. In effect, the client's money may then be used as
                         bridging finance to fund the business. Contractors should be aware that if they order materials that
                         they are not able to build into the works within that month, then the payment from the client may not
                         cover the cost of those materials, and they may have to pay the supplier or risk losing the credit facility
                         from that supplier.

                         In addition to credit, suppliers should be asked for discounts. There are two main forms of discount:
                         trade discount and settlement discount. Trade discounts are granted to the contractor and settlement
                         discounts are granted if monies owed are paid on time.

Late payments may        Trade discount is taken off the price to begin with. The suppliers often have a “list price”, which is
attract interest         generally not confidential. What is confidential is the discount they give a contractor off the list price.
charges. In addition,    The discount that suppliers will give depends on how the supplier rates the contractor as a client (i.e.
in the event of late     what is the risk of non-payment), and how good the contractor is at negotiating. The supplier could
payment, the supplier
                         allow a contractor a settlement discount, which is normally 2,5% for payment within 30 days. The
could refuse to give a
contractor a credit      discount is only allowed by the supplier if the contractor pays his account on time. The settlement
reference or could       discount is then deducted by the contractor from the amount shown on the statement, provided
give a negative one.     payment is made on time.

                         Positive credit references are needed to get more credit. Suppliers ask contractors for trade references
                         when credit applications are made. These are companies from whom a contractor has purchased
                         materials on credit in the past. It is a good idea to buy materials from different suppliers to build up a
                         list of credible references.




                                                                   2
EQUIPMENT                                                                                                       The leasing of
                                                                                                                equipment allows it to
Equipment may be:                                                                                               be bought over a
                                                                                                                period of time. At the
• Bought for cash, in which case the contractor owns, maintains and insures the equipment and
                                                                                                                end of the lease
  employs operators to use the equipment.                                                                       period the ownership
                                                                                                                is usually transferred,
• Leased in accordance with an agreement whereby the contractor pays a certain amount, normally
                                                                                                                sometimes for a lump
  monthly, towards the purchase price of the equipment, maintains and ensures the equipment and
                                                                                                                sum (residual
  employs operators to use the equipment (the contractor may own the equipment after the lease                  amount). The
  period is completed).                                                                                         question of ownership
                                                                                                                and the payment of
• Hiring/renting from a reputable equipment-hire company at an agreed hourly, daily, weekly or
                                                                                                                residual amounts
  monthly rate, with or without an operator, with the responsibility for maintenance lying with the hire        need to be
  company.                                                                                                      understood before
                                                                                                                entering into a lease
The factors that determine how equipment is acquired depends on various factors including the cost              agreement.
(including maintenance and insurances), cash reserves, how long the equipment is to be used, the
availability of the equipment, the frequency of use and what deal is offered.

When hiring equipment, it is important to establish the following:                                              Equipment should
                                                                                                                always be hired from a
• The minimum number of hours that must be paid for per day where the hire is on an hourly basis.               reputable equipment-
• Whether the hire rate includes the operator.                                                                  hire company,
                                                                                                                individual or
• Whether the rate includes fuels and oils (this is referred to as “wet” if it does and “dry” if it doesn't).   organisation. A good
                                                                                                                equipment-hire
• What tools are regarded as part of the equipment to be hired and what must be hired or purchased
                                                                                                                company should be
  in addition, e.g. when a compressor is hired, the attachments such as chipping hammers, clay                  able to provide the
  spades, moil points, ground engaging tools (GET) and cutting edges must be hired or bought                    following:
  separately.
                                                                                                                • A good service (as they
• What will happen in the event of damage to the equipment, for example, damage to tyres, body                    often specialise in
  damage, windscreen damage, etc.                                                                                 specific types of
                                                                                                                  equipment).
• What (if anything) is covered under the hirer's insurance.
                                                                                                                • Well-maintained
• What happens in the event of injury or death of the operator, or injury and death caused by the                 equipment in good
  operator, and damage to property caused by the operator if the contractor provides the operator or              condition.
  if the hirer provides the operator.
                                                                                                                • Advice on the
• Whether the minimum daily hire time is applicable on rainy days.                                                equipment required for
                                                                                                                  certain jobs, such as
• Whether the equipment can be booked off-hire for a period when it is not working on a site, or does             size of loader, TLB, etc.
  the hire company offer standing-time rates lower than the normal working rates.                                 required, and whether
                                                                                                                  or not they should be
• What will happen in the case of the breakdown of the equipment, e.g. how long will the hirer take
                                                                                                                  tracked or rubber tyred.
  to get it fixed or will the hirer supply replacement equipment.
                                                                                                                • Excellent operators with
• How much is the cost of transport of the equipment to and from the site.
                                                                                                                  experience, skill and
• What the operator's overtime conditions are and whether or not accommodation and transport to                   knowledge.

  the site is to be provided every day or when the operator does overtime or not at all.

• The notification time of putting the equipment off hire.

• What insurance should, or must, be taken out.




                                                                3
Remember, the clock     FORMWORK           AND SCAFFOLDING SUPPLIERS
is always ticking.
Keeping the             Formwork and scaffolding suppliers are often able to assist a contractor with the preparation
formwork or             of tenders if approached to do so. They should:
scaffolding for an
extra day costs         • Determine the quantities of scaffolding that is required and the weekly hire costs based on the
money unless a deal       drawings and the areas for which scaffolding is required.
has been made in        • Assist with the planning of the work and provide a price for the most economical formwork solution
advance with the
                          for a project, based on the programme and drawings, including the time for re-use of the same
supplier.
                          formwork for different parts of the project.

It is often better on   When hiring scaffolding and formwork, the following is important:
projects with long      • Make sure that the formwork is checked on and off site as the contractor will be held liable if a piece
durations to buy the      of equipment, frame, etc. is damaged or lost; this is especially important for small items such as
items that can
                          clips.
become consumables,
such as formwork        • Consider asking your supplier to check that the formwork and scaffolding have been correctly
and wedges, as these      assembled before casting concrete or putting a load onto it.
often get lost and
                        • Check that the supplier will deliver and collect the scaffolding and formwork.
buying them can be
more cost effective.    • Make sure that allowance is made in tenders for overruns, damage and the costly cleaning of the
                          equipment, e.g. the shutter pans, props on which concrete has splashed, etc.
                        • Make sure that the price includes for the oiling of the boards and pans with shutter oil.
                        • Use of the correct oils on the shutter as incorrect oils can spoil the surface finish or cause the
                          concrete to stick to the shutter and require the surface to be plastered over.



                        PEOPLE
                        For small and micro enterprises, it may be possible to run an office from your home. In such a case,
                        the owner/member of the business is often responsible for office management, administration,
                        statutory and voluntary registrations, salaries and wages and a host of other activities associated with
                        a head office. There is nothing wrong with a managing member or business owner engaging specialist
                        individuals who are more technically, financially or administratively qualified than they are, conceivably
                        even earning more money for a given period than the managing member themselves.

                        Labour can be employed on construction sites as temporary employees on a contract basis for a period
                        of time on a particular site or permanent employees who are transferred from site to site. Staff needs
                        to be recruited and trained.

                        Appropriately qualified or competent technical and supervisory site staff needs to be employed or
                        engaged for all projects. No compromise on the quality of these human resources can ever be
                        accommodated, as the cost of re-work (including demolition and cartage, new materials and repeat
                        labour, overall downtime and extended time) is not provided for in any budget. The costs of rework
                        erodes the profit that has been provided for in a contract.


                        SUBCONTRACTORS
Building up good
relations with          Subcontractors are an important resource and can provide a contractor with capabilities and
subcontractors is       capacities that it may not possess. Instead of hiring people specifically to do the work, it is sometimes
important.              easier to subcontract a company that specialises in that field to come and do the work for the
                        contractor.




                                                                  4
SECTION 2.2: FINANCIAL                                 MANAGEMENT

FINANCING           A CONSTRUCTION BUSINESS
A successful contractor needs not only to have the necessary resources to perform construction works              Money is the
but should also have access to sufficient money in order to run its daily operations. Money is needed             lifeblood of a
to start up a business and more money is needed to run a business. The intention of any business                  business. It must flow
should be to take the initial investment (capital) and to use it effectively to bring in a return to the          to keep the business
                                                                                                                  alive.
investor.

The business must make sure that the money invested is put to the best possible use to make as much
profit as possible. To do this, a business plan is used to identify how much money is needed and when.
Such a plan will enable the owner to predict with some certainty whether the business will make a profit
or a loss. Managing finances cannot be left to the contractor's appointed accountant - the decisions
made by the owner(s) on how the construction business operates will have a financial implication for
the business. The owners take the risk of losing that money if the construction business is badly
managed and are compensated for this risk by their share of the profits that are made. If the business
is sold, then they will want their share of the value of the business at the time it is sold.



SOURCING           FINANCE
Once the owner has identified how much money is required, he will have to make sure that he can
                                                                                                                  The value of a
provide it at the right time. Usually, the owner does not have enough capital to cover the requirements,
                                                                                                                  business grows with
especially when starting out, and will have to find it. There are three basic sources of funds:
                                                                                                                  Retained Profits.
• Equity Capital - the money the owner or other interested party puts into the business when it starts
  in order to get it going.
• Borrowed Capital - money that the owner borrows in order to increase the business’ ability to
  perform construction projects.
• Retained Profits - money that the owner leaves in the business in order to grow its capacity to do
  construction projects.

The owners of a business always bear the first share of the risk. This is money that the owners invest
in the business in return for a share in the profits that the business might make in the longer term. This
Equity Capital is made up of money put in by the owners of the business, as well as money that other
investors are prepared to put at risk in the belief that they will see a share of the profits of the successful
business in the long term.

Borrowed Capital normally comes in the form of a bank loan that is secured by the owners of the
business. This comes at a cost and the amount of interest that is due should be factored in when the              Operating a business
estimates of the amount of money required are done. Bank loans and overdrafts are normally short to               is risky. There are
medium-term loans that the bank reserves the right to ask for repayment of the entire amount with very            many factors that
little notice. Long-term loans are offered by some of the development institutions in order to support            impact on whether a
                                                                                                                  business survives or
smaller businesses in speeding up their growth. In all circumstances, there is a requirement for the
                                                                                                                  not.
borrowers (owners) to provide collateral for the amount that they borrow. This is often in the form of
the owners' personal assets, such as a house or other property, which the bank will take ownership of
                                                                                                                  Remember that the
and sell to cover the amount of the loan that is not repaid. Borrowing money is expensive and it puts
                                                                                                                  loan must be fully re-
the collateral at risk.                                                                                           paid, along with the
                                                                                                                  interest charged.
Retained Profits are the best way of growing a business. Instead of the owners taking out all the profits
for their own personal use, by leaving some of the profits within the business they are investing more
into the business, enabling the business to perform larger projects and growing its capability.




                                                                 5
Advance payments          Sometimes, clients will agree to advance payments for work that is to be performed on a project. These
can alleviate cash-       mobilisation advances are essentially a short-term loan from the client, and mostly require the
flow problems, but        contractor to obtain an advance payment bond from another institution such as a bank. The advance
they do not increase
                          payment is repaid out of the money that the contractor earns whilst doing the project, generally in
profits by themselves.
                          monthly instalments. All the advance payments are paid back in this way before the end of the
They save the
construction business     contract.
money he would
have paid in interest
and the client will       KEEPING       RECORDS AND ACCOUNTS
want a saving to
                          A business must keep track of where its money comes from and what it is used for. It is essential that
facilitate this.
                          a business implements a proper accounting system, since it will indicate very quickly whether the

Record keeping and        business is sound and in good health, and whether there is appropriate financial control over the
accounts is like          business. When applying for loans this is the first thing that a bank will ask for.
feeling the business'
pulse.                    It is not just the business that needs to account for the money. Each individual project should have its
                          own financial system so that the construction business can keep control of costs as well as the income
A construction            that will come from the project. Each project's accounts are combined with the office overheads to
business is made up       produce the construction business' overall financial status. These financial control systems can be
of the sum of all the     simple or complex, but must provide the information required to keep expenditure to less than the
projects it has on its    income.
books plus the office
overheads.
                          FIXED       ASSETS AND WORKING CAPITAL
                          Fixed assets have a relatively long life and are permanent in nature. Fixed assets are items such as land

It is essential to keep   and buildings, plant and machinery. It is important not to tie up too much of the business' capital in
a balance between         fixed assets, since there will not be enough available to perform the work.
requirements for
working capital and       Working capital is the money that flows through the business. This is money that is used to buy the
investment in fixed       materials or equipment, or pay wages and salaries or subcontractors' invoices until such time as the
assets.                   client pays the contractor for the work that has been completed. This is the money that is used to run
                          the business . The business must have sufficient working capital to ensure that the work can continue
                          until the client pays for the work that has been done. Very often a late payment by the client can cause
                          the business to run out of money to pay wages, pay suppliers for materials and other commitments,
                          and eventually stopping the work.



                          CASH        FLOW

Cash flow is king!        Cash flow is the term used to describe the amount of working capital that a business has at any point
Without cash the          in time. This is a reflection of the changing balance in the business' bank account. Contractors should
business cannot           evaluate a client's payment record, and allow for any delays in payment in their calculations for
survive.                  working capital on a project.

                          Project cash flow is calculated from the project costs compared to the project income. The net cash
                          flow is the difference between the two figures. The contractor's cash-flow requirement is simply the
                          cash-flow requirements of all the different projects added together, plus the overhead costs for the
                          office premises and support staff. By keeping this up-to-date, the contractor can forecast how much
                          working capital will be needed to fund the operations, as well as the ability to repay loans or when
                          they will be able to buy new equipment. The cash-flow analysis is essential to operating a construction
                          business. Without cash to pay for wages, materials, equipment hire, etc. the contractor is out of
                          business.




                                                                      6
Example of cash flow for a typical six-month contract for R372 460
MONTH         ACTIVITY/         PROJECT     PROJECT      COST HIGHER    INCOME  HIGHER        NET    CASH
               MILESTONE           COST     INCOME       THAN INCOME        THAN COST              FLOW
                                   R             R              R                 R                 R
August      Establish site      27 250                     27 250                              -27 250
            and start-up

September                       67 520                     67 520                              -94 770

October                         68 760                     68 760                             -163 530

November    Receive             69 980      32 640         37 340                             -200 870
            first payment

December    Substantially       46 270      68 300                          22 030            -178 840
            complete

January     Finish Snag         36 220       71 420                         35 200            -143 640
            list

February                                     76 140                         76 140             -67 500

March                                        74 840                         74 840                 7 340

April       Receive                          15 260                         15 260             22 600
            last payment

May                                                                                            22 600

June        Receive 1st                      16 930                         16 930             39 530
            retention
            release

July                                                                                           39 530

August                                                                                         39 530

September                                                                                      39 530

October                                                                                        39 530

November                                                                                       39 530

December    Receive                          16 930                             16 930         56 460
            final retention

Total                           316 000    372 460                          56 460


This cash flow shows the following:
                                                                                                            There are many
• The client will pay between 30 and 60 days from date of invoice.                                          factors that affect
• The project will take six months to perform.                                                              cash flow. One late
                                                                                                            payment can cause a
• Retention is 10%, with half of the retention being paid on occupation by the client and the other half
                                                                                                            construction business
  at the end of the contract.                                                                               to go out of business.
• The project will have a profit of R56 460 (or 18%).
• The contractor will require a maximum of R200 870 working capital.
• The contractor will be out of pocket for seven months
• The final profit will only be received 17 months after the project started.

Cash-flow forecasts become even more important when more than one project is being worked on at
any point in time.


Example of three contracts running simultaneously (no retention amounts)

CONTRACT                  PERIOD                       VALUE                     ANTICIPATED       PROFIT
        1              9 months                      R1 000 000                          R100 000
        2              6 months                       R80 000                            R12 000
        3              5 months                       R75 000                             R5 000




                                                            7
The projected cash flows for the projects are as follows:

CONTRACT 1
Month             1                2       3             4             5              6         7             8              9

Payments
made by         50 000        75 000    100 000 135 000 150 000 135 000 100 000                          90 000          65 000
business

Income          30 000        60 000    100 000 140 000 170 000 150 000 135 000                          100 000 115 000
received

Net income      -20 000       -15 000      0            5 000     20 000         15 000    35 000        10 000          50 000
per month

Net cash        -20 000       -35 000   -35 000       -30 000     -10 000          5 000   40 000        50 000       100 000
flow

CONTRACT 2
Month                     1                2                  3                   4                  5                   6

Payments made          12 000           12 000               12 000            12 000           12 000                8 000
by business

Income                  5 000           15 000               15 000            15 000           15 000               15 000
received

Net income             -7 000            3 000                3 000              3 000              3 000             7 000
per month

Net cash flow          -7 000           -4 000               - 1 000             2 000              5 000            12 000


CONTRACT 3
Month                          1                  2                        3                4                        5

Payments made             15 000               20 000                  20 000              10 000                    5000
by business

Income                     5 000               15 000                  20 000              20 000                   15 000
received

Net income                -10 000              -5 000                      0               10 000                   10 000
per month

Net cash flow             -10 000              -15 000                 -15 000             -5 000                    5 000

This appears to be a fairly healthy order book.

If Contract 1 starts in January, Contract 2 starts in February and Contract 3 starts in April, the
net cash flow for the contractor will look like this:

                 JAN           FEB       MAR            APR           MAY         JUN       JUL              AUG             SEP

Contract 1   -20 000          -35 000   -35 000       -30 000     -10 000         5 000    40 000           50 000    100 000


Contract 2                     -7 000    -4 000        -1 000         2 000       5 000    12 000


Contract 3                                            -10 000     -15 000        -15 000    -5 000          5 000


Net cash
flow for     -20 000          -42 000   -39 000       -41 000     -23 000        -5 000    47 000           55 000    100 000
the busi-
ness

The contractor has a bank overdraft facility of R65 000, making the contractor's financial situation
favourable. The client for Contract 2 does not pay the R5 000 in February, but arrange to pay
R20 000 (R5 000 for February and R15 000 for March) in March, which the contractor accepts. The
contractor's expenses for February will rise to R47 000. This amount is still within the contractor's bank
overdraft limit of R65 000.

                                                  8
At the end of March however, the client says that his mortgage bond has not yet come through and
payment will be made in a few days. The amount of money that the contractor has to borrow in
March will now increase from R39 000 to R59 000, which is of concern as Contract 3 is scheduled
to start.

When the Contract 2 client doesn't pay for the work in April, the contractor is in serious financial
trouble. Costs have remained the same and the business has paid out R36 000. The Contract 2 client
is still saying that the bond is going to be paid next week. The amount that the contractor has to borrow
has now risen to R76 000, i.e.exceeding the bank overdraft limit. This can cause a business to fold.

                                JAN               FEB                        MAR                 APR
    Contract 1              -20 000             -35 000                 -35 000                -30 000

    Contract 2                                  -12 000                 -24 000                -36 000

    Contract 3                                                                                 -10 000

    Total                   -20 000             -47 000                 -59 000                -76 000


The situation could have been managed had the contractor told his client that he would accept the
R5 000 at the end of March along with the March payment and if the bond had still not come through,
the work will stop until such time that the bond came through. Alternatively the contractor could have
advised the client that if he did not pay within 14 days the work will stop. (Whatever is said must be
put into writing).


Had this been done, the cash flow would have looked like this:                                                  Failure to ensure a
                                                                                                                healthy cash flow is
                 JAN      FEB         MAR     APR         MAY         JUN           JUL      AUG         SEP    the most common
                                                                                                                cause of business
Contract 1     -20 000   -35 000   -35 000   -30 000    -10 000      5 000         40 000   50 000 100 000
                                                                                                                failure. This occurs
                                                                                                                even if people are
                                                                                                                excellent at what they
Contract 2               -12 000   -4 000    -4 000     -4 000       -4 000        -4 000   -4 000     -4 000
                                                                                                                do. No money, no
                                                                                                                business.
Contract 3                                   -10 000    -15 000      -15 000       -5 000   10 000     10 000


Total          -20 000   -47 000   -39 000   -44 000    -29 000      -14 000       31 000   56 000   106 000


A profit of R106 000 would have been made instead of R117 000. The business would have, however,
survived.



INVOICING            AND TERMS OF PAYMENT
Cash flow is the life blood of any business. It is therefore absolutely essential that all invoices are         The terms of payment
submitted promptly and the claim for payment is followed up with clients to ensure that the payment             have a serious effect
                                                                                                                on a construction
is received.
                                                                                                                business' cash flow.
It is also important to understand and agree to the terms of payment, e.g. seven, 14 or 30 days from
receipt of invoice before a contract is concluded. Where possible, quotations should include the terms
of payment, e.g. within 14 days of invoice.




                                                                 9
SECTION 2.3: MARKETING
                          MARKETING           CONCEPTS

Marketing can make        Construction is both a service and a product. A contractor provides a service by satisfying the client's
a difference to a         requirements and delivers a product on completion of a project. A contractor's reputation is dependent
contractor's              on clients being satisfied with both the service and the product. This is a team effort and requires every
profitability.            employee to play their part in promoting the capabilities of the contractor and the quality of its product.

                          The question “where are next year's profits coming from” should be far more important to a contractor
                          than “what was last year's profit”. The service rendered during a project and the quality of the product
                          can be marketed to secure future work.

                          A client's decision to appoint a particular contractor, particularly a private-sector client (or a main
                          contractor when appointing a subcontractor), is based on many factors. Price is not the only factor.
                          Expertise, experience and a track record of satisfied clients can sway a client's decision to award a
                          contract.
Marketing is often
confused with selling -   Business strategy focuses on the understanding of the forces that shape the construction industry and
they are related but      winning contracts in a competitive environment. Marketing focuses on interpreting the environment in
very different. Selling
                          terms of client requirements and satisfying those requirements. Marketing is all about promoting a
focuses on
distributing the          contractor to the extent that a client moves from being unaware of the contractor to contracting with
product or service        the contractor on a regular basis.
that the business
offers, whilst            If clients do not know that a contractor exists or what services it offers, they will never engage with them
marketing focuses on      or contract them to deliver those services. It is essential for a contractor to let the market know that
knowing what the          they are there and that they mean business. Marketing is a very varied topic that extends from the
client needs and          glossy media adverts to word-of-mouth.
providing the product
or service that is        Marketing can take many forms, from word-of-mouth to door-to-door canvassing, printed flyers,
needed.                   construction signboards, radio or television adverts, sports sponsorships, billboards and adverts on
                          taxis or just a plain brochure and company profile.



                          PUBLICITY
Always ensure that        Publicity can take on many forms and there are many different media to use to get the
potential clients can     message across. The important information that should be incorporated includes:
contact you.
                          • The name of the business.
                          • What the business does (and any specialties).
                          • Where the business is located.
                          • How the business can be contacted.
                          • What the business has done in the past.
                          • What the business is currently busy with.
                          • Recommendations from previous clients reflecting that the business is the best at that work.
                          • Why the client should be contracting with this business rather than another one.

                          It is essential that any information provided is totally accurate. If the client finds something wrong with
                          the promotional material, they will not trust the contractor to perform the work or believe what the
                          contractor claims it can do.




                                                                    10
PROMOTING           A CONSTRUCTION BUSINESS
GENERAL     CONSIDERATIONS
The marketing of a construction business is very different from the marketing of a supermarket or a           Remember, a client is
product line. Contractors offer a specialised and complex service and therefore need to let their clients     only a contractor's
know that the service they can deliver is the best or at least better than their competitors. This can take   client when the first
                                                                                                              payment is received.
any form, from photographs of work that they have finished, to references from satisfied clients, to glossy
brochures which give an overview of the projects they have completed, to videos that describe the
problems the contractor overcame in completing a challenging project.

The purpose of promotional activities is to seek out prospective clients and to convert them into actual
clients. Advertising can move prospective clients through the stages from “unawareness” to “awareness”
and “comprehension”. Personal selling is usually required to move from “comprehension” to
“conviction” and ultimately “action” and the signing of a contract.


ADVERTISING     AND CORPORATE IDENTITY
The intensity and nature of advertising activities are very dependent upon the following:                     Choose an advertising
                                                                                                              method and media
• The nature or type of business.                            • The competitiveness of the market.             that is appropriate
                                                                                                              and will reach the
• The stage of the development of the business.                                                               client effectively.

For example, a newly established contractor that supplies and installs roof trusses needs to advertise its
services and products to a large potential client base that is unaware of the services and products of        Increased market
                                                                                                              share invariably results
such a contractor. Advertising for such a business needs to focus on competence and other competitive         when a contractor's
advantages to attract an initial set of clients in the form of enquiries.                                     reputation as a
                                                                                                              “quality” contractor
More established contractors would need to focus their advertising on the range of their services and         spreads.
products to maintain “top of mind” awareness.

Advertising costs money. From simple business cards to television adverts, each advert costs the
contractor money. In each business' marketing plan there must be a budget set aside for marketing that
can be used to determine what type and extent of marketing can be used. It is also important to identify
what the benefit of a particular advertising campaign might be and a benefit-cost ratio should be
worked out for each form of advertising. It is pointless to spend money on advertising if it will not help
bring in more work opportunities.


IMAGE   BUILDING
Once the market has been identified and there is a positive action plan in place to support the
contractor's goals, the contractor should then promote their image and make it known. Image building
is a form of advertising and it manifests in company colour schemes and logos on letter heads, vehicles,      Image can be
                                                                                                              described as how
promotional material, signboards and site signage.                                                            clients and others
                                                                                                              perceive a
Image building is a relatively easy way to increase a contractor's exposure. A contractor whose name is       construction business.
familiar will be more likely to secure work than one that is unknown.

Signage that reflects and complements a contractor's image should be:

• Strategically positioned to ensure maximum exposure. • Compliant with local by-laws.
• Constructed from durable materials.                        • Level, plumb and in good condition.

Visual image is also a powerful marketing tool. Neatly dressed staff projects a positive image. The
attitude and behaviour of staff affect a person's impression of how the contractor will handle situations
that could lead to enhancing the contractor's image.

Worker performance (productivity, quality and health and safety) can also project a positive image.


                                                              11
The factors that harm a contractor's image include:

                         • Accidents.                                         • Late completion.
                         • Lack of concern for the environment.               • Untidy sites.
                         • Poor productivity.                                 • Rework.

                         Interestingly, these factors also directly affect the profitability of the contractor.


                         PUBLIC     RELATIONS AND CLIENT RECOMMENDATIONS

Client recommendations   The contractor's profits over the next year and the next few years depend on client satisfaction, which
are one of the most      in turn is dependent upon how well the contract is managed and executed and if it is successfully
powerful promotional     completed on time and to the required quality.
tools available and
need to be nurtured at   Probably the most effective marketing tool is word-of-mouth. Once a contractor has successfully
all costs.               performed on a project, they can ask the client to refer them to other clients. Where a new client is
                         found, the contractor can provide references from their previous clients. It is also important to identify
Good references are
the most effective way   potential sources of work and this is often done by talking to potential clients and seeking out new
of marketing a           clients.
contractor.
                         Other contractors are very often also future clients. Where a contractor secures work that they do not
                         normally do, they subcontract to other contractors. This is a good source of future work and if the
                         contractor performs well as a subcontractor, then the main contractor will call on them to do similar
                         work in the future or refer them to others where similar work is required.


                         PERSONAL       SELLING
                         The owners, members or company directors need to market the construction business. They are in the
                         best position to do so. They know the construction business' strengths and weaknesses as well as the
                         limitation in capability and what their likely capacity is for new work.



                         A   MARKETING PLAN
                         A critical element of successful marketing is the preparation of a marketing plan.

                         When a contractor has determined the sector they wish to operate in, and the clients they wish to
                         provide services to, and what those clients' needs are, he can start planning how to become more
                         visible, attractive and competitive. The marketing plan is similar to the business plan but focuses on
                         how to portray the work, resources, skills and successes of the contractor.

                         The marketing plan should contain at least:

                         • The business' present situation.                   • The resources available to the business.
                         • The business' problems and opportunities.          • The actions to be taken.
                         • The business' objectives.                          • The budget for marketing.

                         One way of doing this is by doing a SWOT analysis - identify the business' strengths, weaknesses,
                         opportunities and threats, and then determining what actions are best for improving the good points
                         and removing or mitigating the poorer areas.



                         EFFECTIVENESS            OF MARKETING CAMPAIGNS
Learn from each          The effectiveness of any marketing campaign must be measured. Work opportunities should be
campaign how to do       measured before and after the campaign has been implemented so that the benefit can be measured
better in the next
                         against the cost of the campaign.
one.



                                                                     12
SECTION 2.4: TENDER                            CONSIDERATIONS

IDENTIFY      THE MARKET SEGMENT
A construction business needs to first identify what market segment they want to operate in and which          Public sector and
other construction businesses they will have to compete against. This will be dictated by the skills and       private sector clients
                                                                                                               operate differently.
resources that the construction business has at its disposal, its strengths, as well as an analysis of where
                                                                                                               Construction
the gaps in the market lie (geographic location, type of work and size of contract).
                                                                                                               businesses should
                                                                                                               choose which sector
The construction business must also determine whether it will operate in the private sector, the public
                                                                                                               they wish to operate
sector or in both. Any construction business is offered the opportunity to compete for public sector           in, (or both) and
projects provided that they are registered with the Construction Industry Development Board (cidb) in          position themselves
an appropriate contractor grading designation (see section 1.5). Tenders are normally evaluated on a           accordingly.
points scoring system in terms of which points are awarded for price and points are awarded for
preference. Sometimes, points are also awarded for the quality (functionality) offered by the
construction business. In the private sector, however, clients most often choose who they wish to invite
to submit tenders or with whom they wish to negotiate subcontracts.

There is no point in spending enormous amounts of time, cost and effort in setting up a business or in
submitting a tender for work in a market where there is an oversupply of construction businesses
competing for work or in a market where a client is likely to prefer to do business with a better-known
construction business.

There may be barriers to operating in certain sectors that the construction business must overcome in
order to be allowed to work, such as the requirements for registration with the Electrical Contractors'
Board of South Africa in order to be an electrical contractor, or registration with the NHBRC in order
to build new homes (see section 1.5).

                                                                                                               Know your market
IDENTIFY      COMPETITORS                                                                                      means:

It is important for a construction business to understand who their competitors are, so that the business      • Know your client's
can offer better or different services and thereby secure work ahead of their competitors. If there is a         needs.
gap in the market, where there are very few other construction businesses, there will be less
                                                                                                               • Know what your
competition and more opportunities for work. Where there is a market in which there is plenty of work,           competition offers.
a construction business may get a share despite the high levels of competition. A construction business
should investigate this before contemplating starting up a new business.



FINDING       WORK OPPORTUNITIES
Construction businesses have many avenues to pursue to find work opportunities. If they decide to              Construction
operate in the public sector, they can look for opportunities in the Government Tender Bulletin,               businesses can look
newspapers, the cidb I-Tender service on the cidb website (www.cidb.org.za) or check their local               for opportunities in
                                                                                                               the Government
municipality's tender notice board. Talking to other construction businesses is also good, since
                                                                                                               Tender Bulletin,
information on work that one construction business does not want to do can be very useful to another           newspapers, the cidb
construction business. This also opens up subcontracting possibilities.                                        I-Tender service on
                                                                                                               the cidb website
                                                                                                               (www.cidb.org.za) or
PRIVATE      AND PUBLIC SECTOR TENDERS AND QUOTATIONS                                                          check their local
                                                                                                               municipality's tender
There are differences between the rules that govern the private and public (national and provincial
                                                                                                               notice board.
governments, municipalities, public entities, state-owned enterprises and municipal entities) sector in
procuring goods, services and works.

The private sector is not required by law to follow any rules relating to procurement (buying) of goods,
services or works. They generally choose the lowest price out of all the tenders they receive and will

                                                               13
Look for work           choose a higher price only if they do not feel confident that the company with the lowest price can do
opportunities as well   a proper job. They are also free to negotiate contracts or to invite a limited number of construction
as opportunities to     businesses to submit tenders or quotations based on whatever criteria they choose.
promote the business
for the future.         The public sector has many rules that govern the way in which they can procure goods, services or
                        works. The constitution requires that any procurement by a public sector client must be fair, equitable,
                        transparent, competitive and cost effective (see sections 2.5 and 2.6).

                        The documentation used to invite quotations and tenders in the public sector is very similar; the
                        differences in the two processes being how they are advertised and who is authorised to award the
                        contract. Construction businesses are required to submit tender offers on the form of offer and
                        acceptance (see section 2.5) whenever quotations or tenders are called for and written contracts are
                        entered into with a public sector client.

                        The cidb promotes a uniform procurement system. Some private sector clients, particularly those that
                        are publicly listed companies, follow some of the public sector rules. Most contractors will either
                        negotiate subcontracts with subcontractors or invite the construction businesses that they consider able
                        to deliver the required service to submit quotations.

                        Procedures in the private sector where the cidb Standard for Uniformity in Construction Procurement is
                        not applied (see section 2.5) are much less formal with the differences between the calling for quotations
                        and tenders being very different. Typically tenders are invited in terms of a standard form of contract,
                        scope of work, form of tender and stated conditions of tender and only a brief scope of work is provided
                        where quotations are sought. Quotes are accepted verbally or in writing by the issuing of a letter of
                        acceptance.

                        Construction businesses are advised to stipulate that their quotation is conditional upon the client
                        entering into a written contract based on a specified standard form of contract. Construction businesses
                        should stipulate on their quotations for how long the quotation is valid (e.g. one month), after which the
                        business reserves the right to review the price.

                        To be successful, a construction business must know the procurement rules of their clients and
                        prospective clients and abide by them in order for their tender submissions to be evaluated and to be
                        awarded contracts.


                        OBTAINING           INFORMATION ON TENDER OPPORTUNITIES

Tender documents are    The Notice and Invitation to Tender (first page of a tender document prepared in accordance
normally available      with the requirements of the cidb Standard for Uniformity in Construction Procurement (see
from the time they      section 2.5)) should contain at least the following information:
are advertised until
the day the tenders     • A reference number.
are due. It is          • The name of the employer.
important to collect
procurement             • The title of the proposed contract.
documents as soon as    • A brief description of the supplies and services or engineering and construction works which are required.
possible to allow as
                        • The closing date and time for the submission of tenders.
much time as possible
to prepare the tender   • The date, time and place of the compulsory clarification meeting, if any.
offer.                  • The time and place for collecting the procurement documents.

                        This notice may also:

                        • Contain the name and contact particulars of a person to whom queries in relation to the tender may be
                          directed.
                        • Establish the cidb contractor grading requirements.
                        • Briefly describe any eligibility criteria, deposits payable for procurement documentation and preferences,
                          if any, that are offered.
                                                                    14
Tender advertisements in the media contain some or all of the above information. This information              The Construction
enables prospective tenderers to make informed decisions regarding the tender opportunity.                     Industry Development
Construction businesses should not pursue tendering opportunities outside of their cidb contractor             Board Act, 2000,
                                                                                                               prohibits the award
grading designations (see sections 1.5 and 2.6) or where they don't satisfy any stated eligibility criteria.
                                                                                                               of a public sector
If they do so, the employer will not evaluate their tender. Estimates of these requirements are provided
                                                                                                               construction works
in the Tender Notice and Invitation to Tender. Eligibility criteria are stated in Clause F.2.1 of the Tender   contract to an
Data where use is made of the cidb Standard Conditions of Tender.                                              unregistered
                                                                                                               contractor.
An employer is not permitted in terms of the Construction Industry Development Regulations to award
a public sector construction works contract to a construction business that does not satisfy the required
cidb contractor grading requirements (see sections 1.5 and 2.6).

When collecting a tender document, it is important to sign and fill in the construction business' contact
particulars in any register that the employer may have. This will allow the employer to inform the
construction business if the closing date for the tender is extended or to issue addenda (changes to the
tender document).


ANALYSING          THE REQUIREMENTS OF THE TENDER DOCUMENTS
                                                                                                               It is important to
A construction business should read through the entire tender document as soon as possible after the
                                                                                                               establish at the
documents have been collected from the client or the client's agents. Documents formatted and                  earliest possible stage
compiled in accordance with the requirements of the cidb Standard for Uniformity in                            which documents
Construction Procurement have a standard structure of component documents with standard                        need to be submitted
contents and are divided into three basic components (see section 2.6):                                        with a tender. Failure
                                                                                                               to do so may mean
• Tendering procedures that contain only information that pertains to the submission and evaluation            that the tender
  of the tender in terms of the cidb Standard Conditions of Tender.                                            cannot be completed
• Returnable documents that the tenderer (construction business) is required to complete.                      by the closing date
                                                                                                               for tender
• The draft contract that sets out the terms and conditions of the contract that will ultimately be            submissions.
  concluded with the successful tenderer.

The construction business should carefully read through the documents and make notes of deadlines
for submission, documents that must be provided with the tender (tax clearance certificates, CVs,
company profiles, etc.) and make sure that what the client wants is clearly understood.

The returnable documents include the pricing section as well as forms that request certain specific
information, such as those relating to preferences, resources to execute the contract and previous work
experience.

The draft contract needs to be understood - the rights, risks and obligations (see section 2.8) as well
as the manner in which the contractor is to be paid (see section 2.7).



ANALYSING          THE OPPORTUNITY FOR PROFIT
The construction business should confirm whether or not it is able to perform the work that is required
by the client, and if so, easily or with difficulty. Experience in work of a similar nature should provide
the answers to these critical questions.

However, work that is easy is not always profitable. The construction business also needs to evaluate
whether or not it will be more competitive than its competitors in performing the work while still making
a reasonable profit after the contract is finished.

An accurate estimate of what the likely cost of the works might be needs to be made before a tender
offer can be made (see section 2.9). Estimating is the process of predicting the costs of carrying out
the work. Tendering is the subsequent commercial process of making an offer based upon these
estimated costs, plus an element of profit and if necessary, risk.

                                                               15
The drawings and         The estimate should take into account the methods of building or construction to be used and all the
specifications provide   circumstances that may affect the carrying out and completion of the work. A reliable estimate can
estimators with how      only be achieved by analysing each operation into simple elements and estimating the cost
the job is to be built
                         methodically and accurately (see section 2.9).
and what resources
are required.            On larger projects, it may be necessary or prudent to draw up a preliminary programme or bar chart
                         in order to get a better understanding of the sequences and timing of operations.

                         The estimator must be aware of important project specific aspects as they may affect the
                         estimates. These include:

                         • Commencement and completion dates.
                         • Client requirements for phasing or staging completion.
                         • Other requirements regarding the sequencing of work.
                         • Work to be carried out by others.
                         • Work to be subcontracted.
                         • Site conditions.
                         • Key items or materials requiring firm delivery arrangements.

                         The scope of work, which includes the specifications and drawings, will indicate the following:

                         • The required quantity of work.
                         • The required quality of the finish and standard of workmanship.
                         • If operations are repetitive.
                         • If excessive or detailed setting out is required.
                         • The required degree of accuracy and tolerances.
                         • If the design is intricate or straightforward.
                         • If special skills will be needed.
                         • If any special construction sequence is necessary.
                         • If the operation:
                           • is within the experience of the existing employees;
                           • requires special instruction or training; and
                           • will require the employment of additional trained personnel.
                         • The accessibility of the site.
                         • Height or depth of work.
                         • Any double handling of material.
                         • Restrictions in working, e.g. occupational health and safety requirements, requirements for
                           subcontracting portions of the works, employment of local labour.

A review of the scope    The tender programme, if produced, will indicate the following:
of work, the tender
                         • The time available for activities on the site.
programme and a
visit to the site may    • If work will be continuous or intermittent.
indicate that the
                         • The degree of interdependency of activities, trades and operations.
contract is
unattractive to the      • The relative proportions of supervisory, skilled and unskilled employees that are required and the
construction business,     size of work teams.
in which case the        • The timing and extent of equipment that needs to be sourced or provided.
construction business
should decide not to     A visit to the site and its surroundings will provide an indication of:
submit a tender.
                         • The travelling costs that are likely to be associated with the site.
                         • Physical conditions and any restrictions likely to be encountered.

                                                                   16
• Site layout, storage and unloading facilities.
• The likely skill, experience and availability of local labour.

Once the construction business is satisfied that it can provide the client with what the client requires,
the risks associated with the contract need to be assessed, e.g. rain, heavy traffic, labour disputes,
material suppliers not delivering, etc. Each of these risks needs to be evaluated in order to arrive at an
informed decision as to whether or not to submit a tender (see section 2.9).

The construction business needs to take into account all of the above when estimating what the cost
of the works is likely to be and what level of risk allowance should be made.

Construction businesses should not tender for work where the business is:

• Unlikely to make a profit.
• Not confident that it can perform the works.
• Unlikely to be competitive.


CLARIFICATION            MEETING
Many clients provide a clarification meeting (site inspection or briefing session) before the closing of
tenders. All tenderers are required to attend compulsory clarification meetings failing which their tender
submission will not be evaluated by clients. The tender advertisements and tender documents provide
details of the time and place where these meetings are to be held and indicate whether or not the
meeting is compulsory.

Clarification meetings that take place on site (site inspections) allow prospective tenderers to familiarise   The purpose of a site
themselves with the site conditions and gives the client or the clients representative the opportunity to      visit is to find out as
inform tenderers of particular client requirements, site conditions, ground conditions, where waste may        much as possible
be dumped, materials may be borrowed or camps and offices may be established, as well as                       about the conditions
                                                                                                               on site and how they
environmental issues, such as sensitive wetland areas or access to the site.
                                                                                                               may affect the
Site inspections provide the construction business with an opportunity to obtain answers to                    construction process.
                                                                                                               This allows the
questions such as:
                                                                                                               construction business
• Where is the site?                                                                                           to assess their risks
                                                                                                               and to make an
• What are the site conditions?
                                                                                                               informed risk
• How can the site be accessed?                                                                                allowance in the
• What are the soil conditions on the site?                                                                    tender offer.

• What services (water, electricity, etc.) are available on the site?
• Where can unwanted or surplus soil, rubble and rubbish be disposed of?
• What are the arrangements for site security, if any?
• What are the local conditions relating to labour and the supply of materials?

A briefing session will generally cover issues that do not necessarily have to be discussed on site or
where the site is not accessible for some reason. These issues are normally discussed at the client's
premises and give tenderers an opportunity to clarify any points that they are not completely
comfortable with.

When the site inspection or briefing session is compulsory, it is essential that the construction business
either records its presence on the register that the client passes around or gets the client's
representative to sign the form provided for this purpose in the tender documents. Without this clear
confirmation, a construction business' tender will become invalid, even if it did attend the meeting,
since there is no way for the client to remember each person at the meeting. The onus lies on the
construction business to provide the proof of attendance.



                                                               17
MAKING          A TENDER SUBMISSION
                               A construction business should carefully read the conditions of tender and observe the
                               following when submitting a tender offer:

                               • Confirm that the eligibility criteria are complied with.
                               • Attend the clarification meeting, if any.
                               • Follow the instructions for:
                                 • pricing the tender offer;
                                 • submitting a tender offer; and
                                 • submitting alternative offers.
                               • Ensure that the tender offer is received by the employer before the closing time for tenders.

                               Section 2.6 provides further information where the cidb Standard Conditions of Tender are used and the cidb
                               Register of Contractors is applied in the procurement.

                               The construction business must complete all the documents that the employer requests. Where documents
                               have been formatted and compiled in accordance with the cidb's Standard for Uniformity in Construction
                               Procurement, the list of returnable documents lists all the documents that have to be completed or submitted.
                               This list is a useful checklist. Construction businesses should study this list carefully and ensure that everything
                               that needs to be completed is filled in and signed and that everything that needs to be submitted is included
                               in the tender submission.

                               The construction business should draw up its own checklist of documents that have to be completed where
                               documents are not formatted and compiled in accordance with the cidb Standard for Uniformity in
                               Construction Procurement.

T2.1 LIST OF RETURNABLE              Often the client will base his evaluation on a construction business' experience in performing work of a
DOCUMENTS                            similar nature and will require descriptions of the work that a construction business has previously done
The tenderer must complete           and who the previous clients were, along with contactable references that allows the client to confirm
the following returnable             how the construction business actually performed.
documents:
                                     This information may be used to demonstrate a construction business' capability of performing the work.
1. Returnable Schedules required
   for tender evaluation purposes    Alternatively it may be used in the scoring of tender submissions where quality forms part of the score.
                                     Construction businesses are advised to provide comprehensive submissions where the information is
2. Other documents required for
   tender evaluation purposes        used to score tenderers as the evaluators can only score the information that is provided to them in the
3. Returnable Schedules that will    tender submissions.
   be incorporated into the
   contract                          The construction business should also confirm how many copies of documents and which certificates
4. Other documents that will be      need to be included in the tender submission. These requirements may be found in the following
   incorporated into the contract    clauses of the Tender Data where the cidb Standard Conditions of Tender are used:
5. C1.1   Offer and acceptance
                                     • Clause F.2.13.3 - number of copies.
6. C1.2    Contract Data (Part 2)
                                     • Clause F.2.20 - securities, bonds and guarantees.
7. C2.2    Bill of quantity          • Clause F.2.23 - certificates.

                               Construction businesses, may in their tender offers, propose deviations to the client's requirements or exclude
                               some of the client's requirements by qualifying their tender offers in order to remove unacceptable or onerous
                               requirements. Such deviations and qualifications may, however, not be acceptable to the client. The cidb
                               Standard Conditions of Tender in Clause F.3.8.2 only permit deviations and qualifications which:

                               • Don't detrimentally affect the scope, quality or performance of the works.
                               • Significantly change the client's or construction business' risks and responsibilities under the contract.
                               • Affect the competitive position of tenderers complying with the client's requirements.

                               Construction businesses must be cautious when proposing deviations and qualifications in their tender offers.

                               Copies of the tender submission should be made so that any queries raised by the client or his agents during
                               the evaluation of tenders may be answered.
                                                                             18
TENDER    CHECKLIST

One of the most important aids that a construction business (intending to contract either as a main
contractor or subcontractor) can have at tender stage is a tender checklist. The purpose of such a
list is to act as a reminder to tenderers of particular issues for consideration when preparing tenders.

1. Work: What is the nature and extent of the work that the tenderer is required to undertake?
       • Is the tenderer responsible for any portion of the design of the work?
       • Is the location, start date and probable duration of the project known?
       • Can this contract be undertaken given the construction business’ current and foreseeable
         contractual commitments, resources and work load?

2. Form of contract: Is the contract a standard form of contract or subcontract recommended by the
   cidb (see section 2.8) or are there any amendments or variations to the standard conditions of
   contract?
       • What is the risk associated with signing an “unknown” form of contract or an extensively
         modified form of contract on issues such as payment terms, administrative procedures,
         procedures relating to practical and final completion, resolution of disputes, claims
         procedures, interest on overdue payments, the contractor's right to suspend the works for
         default on payment, claims for extension of time, recovery of costs due to client delay, etc.

3. Tender period: Can the tenderer prepare and submit a tender in the time allowed?

4. Client: Is the client an acceptable credit risk? Is the client known to be slow in making payments?

5. Scope of work: What are the works that are to be provided and any other requirements and
   constraints relating to the manner in which the contract work is to be performed?
       • Are the specifications clear and comprehensive?
       • What are the acceptance criteria, if any, for the works and components thereof?
       • Do the drawings that are provided clearly establish what is required?
       • How difficult is it to comply with the constraints relating to the manner in which the works are
         to be performed, e.g. program constraints, local resource requirements quality management
         systems, etc.?
       • Can the works be constructed in accordance with the drawings and specifications?
       • What is the quality of the information provided in the scope of work?
       • How complete is the information?

6. Payment terms and pricing strategy:
       • Are the pricing strategy or payment terms attractive?
       • Can the construction business finance the works within the required pricing strategy, payment
         terms and levels of retention monies at the various stages of the contract?
       • Is there sufficient compensation for late payment by the client?

7. Performance bonds: Is a performance bond required?
       • What is the amount of the performance bond?

8. Price escalation: Is the contract price subject to adjustment to allow for price inflation?
       • Are the formula for and the indices relating to price adjustment known?

9. Insurance: What are the requirements for insurance that will affect the tendered price?

10.Dispute resolution: If a dispute arises, what is the method of resolution? Mediation, adjudication,
   litigation, arbitration, etc?

11 Penalties for late completion: What are the penalties for late completion and are they
   excessively high?


                                                             19
CMG CONTRACTOR RESOURCES GUIDE
CMG CONTRACTOR RESOURCES GUIDE
CMG CONTRACTOR RESOURCES GUIDE
CMG CONTRACTOR RESOURCES GUIDE
CMG CONTRACTOR RESOURCES GUIDE
CMG CONTRACTOR RESOURCES GUIDE
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CMG CONTRACTOR RESOURCES GUIDE
CMG CONTRACTOR RESOURCES GUIDE
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CMG CONTRACTOR RESOURCES GUIDE
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CMG CONTRACTOR RESOURCES GUIDE
CMG CONTRACTOR RESOURCES GUIDE
CMG CONTRACTOR RESOURCES GUIDE
CMG CONTRACTOR RESOURCES GUIDE
CMG CONTRACTOR RESOURCES GUIDE
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CMG CONTRACTOR RESOURCES GUIDE
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CMG CONTRACTOR RESOURCES GUIDE

  • 1. CMG CONTRACTOR MANAGEMENT GUIDELINES 101 CONSISTING OF 1 ESTABLISHING A CONSTRUCTION BUSINESS 2 OPERATING A CONSTRUCTION BUSINESS 3 EXECUTING A CONSTRUCTION PROJECT The Construction Industry Development Board
  • 2.  
  • 3. SECTION 2 O PERATING A C ONSTRUCTION B USINESS TOPIC CONTENTS Securing • Money • Formwork and scaffolding suppliers 1 resources • Material supplies • People • Equipment • Subcontractors SECTION 2 Financial • Financing a construction business • Fixed assets and working capital 2 management • Sourcing finance • Cash flow • Keeping records and accounts • Invoicing and terms of payment Marketing • Marketing concepts • A marketing plan 3 • Publicity • Promoting a construction business • Effectiveness of marketing campaigns Tender • Identify the market segment • Analysing the requirements of the considerations tender documents • Identify competitors 4 • Analysing the opportunity for profit • Finding work opportunities • Clarification meeting • Private and public sector tenders and quotations • Making a tender submission • Obtaining information on tender • Tender checklist opportunities Public Construction • cidb standard for uniformity in a call for expressions of interest Procurement System construction procurement • Standard conditions for the calling for • Procurement procedures expressions of interest 5 • Structure of procurement documents • Standard forms of contract • Standard conditions of tender • South African national standards identified in the scope of work • cidb code of conduct for the parties engaged in construction procurement • Structure of documents associated with The Construction Industry Development Board
  • 4. CONTINUED TOPIC CONTENTS Public Construction • The Promotion of Administrative • Prevention and Combating of Procurement System Justice Act Corrupt Activities Act Continued • The Public Protector • Requirements for public sector • Basis upon which the employer will Tendering for public construction procurement evaluate tenders sector work 6 • Understanding the cidb standard conditions of tender SECTION 2 • Submitting a compliant (responsive) tender offer Pricing strategies • Understanding the pricing strategy • Activity schedules of the tender 7 • Cost reimbursable contract • Bills of quantities • Target cost contract • Example of a bill of quantities • Standard pricing strategies for main • Schedules of rates contractors • Lump sum prices Contractual • The fundamentals of a construction • Standard construction works 8 considerations works contract contracts and subcontracts • Concluding a contract • Typical features of construction works contracts for main contractors • Concluding a contract using the cidb procedures • Contractor’s lien Pricing a tender • Building up a tender price • Pricing the equipment required for a tender • Estimating the quantum of work involved • Pricing the plant and material required for a tender 9 • Obtaining prices from material suppliers • Pricing for general items • Establishing equipment requirements • Allowances • Pricing the labour required for a • Finalising the tender price tender The Construction Industry Development Board
  • 5. SECTION 2.1: SECURING RESOURCES MONEY The owners of a construction business (contractor) may use their own money (equity capital), borrow Most people go into capital from the bank or other source to start a construction business (see section 2.2). This business to make money/capital is used by the business to acquire resources, e.g. materials, labour, and plant. The money, that is, they business owners need to use this money/capital effectively to obtain a good return on their investment, want to take money otherwise they could invest their money/capital in other forms of investment products which will yield out of the business. In order for money to higher returns on their money. The profits made (retained profits) by the construction business should be taken out of a be ploughed back into the business to reduce the amount of money that needs to be borrowed from business, there has to banks or other sources. be money in the business that is not The most well-known lending institutions are banks, whose primary business is lending money to owed to anybody. individuals and companies by charging interest on the loan amount. Borrowing money from banks is The temptation to expensive. In addition to the interest charged, banks add services fees for each service that they take money out of the provide. For example, on cheque accounts, banks charge a minimum service fee per month for each business apart from cheque issued. your salary, while the business has debts, A bank overdraft is a very useful source of income for the bank. Interest is calculated on the daily must be resisted. balance on the overdraft amount, i.e. the amount of money owed to the bank. If on one day R10 000 is owed and the overdraft rate is 20% the interest that will be charged on that day will be 10 000 x 20% x 1/365 = R5,48. The banks add this interest charge to a construction business' account once a month. The interest is Construction compounded every month. That is, the interest is added to the overdraft on a monthly basis and businesses should try interest is then charged on the new total amount. In this way, interest is charged on interest. For to use their own money and save the example, if R10 000 is borrowed at a flat rate of 20% interest on January 1st and is repaid on interest and bank December 31st of the same year, the annual interest is R2 000. The same calculation if interest is charges in order to charged on interest (compound interest) the interest charges will be R2 213,35. remain competitive. Other aspects that impact upon a construction business' cash flow and overdraft limits are: • Prompt payment from clients for work completed. Contractors need to: • Limiting spending to the absolute minimum and paying as late as payment conditions permit, e.g. payment to material suppliers and plant hiring companies. • Make sure that they know exactly how • Optimising ordering of material, i.e. don't order materials too early and order only that which is much money is required at that point in time. needed for a contract. • Building up of cash reserves by resisting the temptation to spend. • Negotiate to get the best possible interest • Choosing not to tender for work where the contractor cannot be competitive due to the cost of rate on borrowings. money, e.g. where the client says in the tender "payment within 45 days” or “payment within 60 days” and the contractor has insufficient credit, such terms of payments could be extremely • Know how the interest prohibitive. rate will be calculated (per month, etc.). Apart from the banks, there are other organisations such as Khula Enterprises Limited that can be • Know what the bank approached for support. Contractors should be extremely careful of money lenders as they are charges will be. permitted in terms of the law to charge a much higher interest rate than the banks. • Make assumptions as The contractor needs to consider the advantages of credit, as a slightly higher price with credit facilities to when a client is may be a better option when procuring resources. Even if the price from a supplier looks good initially likely to pay. it may not be the best deal. • Calculate the cost of money before submitting a tender. 1
  • 6. MATERIAL SUPPLIES Contractors should procure materials of the right quality delivered on time at the cheapest price. All three of these requirements are extremely important. There is no point in getting materials at a low price if they are rejected once they are received, delivered to a site or built into the works. Materials not delivered on time may delay the works and prove to be very costly. Contractors should accordingly resist procuring on price alone. It is imperative that the required quality, quantity and time for delivery are established and understood before approaching a supplier. At the same time these requirements need to be clearly communicated to the supplier when ordering materials or obtaining a quotation for tender purposes. It should also be established whether or not the materials are to be delivered or collected and what storage capacity is available to receive the materials. It may also be necessary to establish whether the supplier is a VAT vendor, and it is important to know whether or not VAT is included in the quoted price. Credit is not The most common credit period is 30 days. This normally means that payment is required 30 days everything, but it is from the date on the statement. Suppliers usually deliver materials on a particular day and will invoice extremely important immediately. Towards the end of that month the supplier sends out a statement with a summary of all to obtain it providing the invoices sent and all monies received from the contractor during that month. Thirty days credit that the contractor can manage it means that a contractor has 30 days from the date of this statement to pay, failing which they could correctly. Credit well be charged interest by the supplier and lose the right to claim any discounts. means that materials can be ordered and Ideally, materials should be ordered so that they can be built into the project within a month of delivery. only paid for after a This will allow the cost of the materials to be included in the payment certificate that is presented to certain period of time the client for payment. It is even possible that the client will pay the certificate before the contractor following delivery has has to pay the suppliers of the materials. Should this occur, the contractor will be able to buy materials elapsed. without having to use or increase borrowings. In effect, the client's money may then be used as bridging finance to fund the business. Contractors should be aware that if they order materials that they are not able to build into the works within that month, then the payment from the client may not cover the cost of those materials, and they may have to pay the supplier or risk losing the credit facility from that supplier. In addition to credit, suppliers should be asked for discounts. There are two main forms of discount: trade discount and settlement discount. Trade discounts are granted to the contractor and settlement discounts are granted if monies owed are paid on time. Late payments may Trade discount is taken off the price to begin with. The suppliers often have a “list price”, which is attract interest generally not confidential. What is confidential is the discount they give a contractor off the list price. charges. In addition, The discount that suppliers will give depends on how the supplier rates the contractor as a client (i.e. in the event of late what is the risk of non-payment), and how good the contractor is at negotiating. The supplier could payment, the supplier allow a contractor a settlement discount, which is normally 2,5% for payment within 30 days. The could refuse to give a contractor a credit discount is only allowed by the supplier if the contractor pays his account on time. The settlement reference or could discount is then deducted by the contractor from the amount shown on the statement, provided give a negative one. payment is made on time. Positive credit references are needed to get more credit. Suppliers ask contractors for trade references when credit applications are made. These are companies from whom a contractor has purchased materials on credit in the past. It is a good idea to buy materials from different suppliers to build up a list of credible references. 2
  • 7. EQUIPMENT The leasing of equipment allows it to Equipment may be: be bought over a period of time. At the • Bought for cash, in which case the contractor owns, maintains and insures the equipment and end of the lease employs operators to use the equipment. period the ownership is usually transferred, • Leased in accordance with an agreement whereby the contractor pays a certain amount, normally sometimes for a lump monthly, towards the purchase price of the equipment, maintains and ensures the equipment and sum (residual employs operators to use the equipment (the contractor may own the equipment after the lease amount). The period is completed). question of ownership and the payment of • Hiring/renting from a reputable equipment-hire company at an agreed hourly, daily, weekly or residual amounts monthly rate, with or without an operator, with the responsibility for maintenance lying with the hire need to be company. understood before entering into a lease The factors that determine how equipment is acquired depends on various factors including the cost agreement. (including maintenance and insurances), cash reserves, how long the equipment is to be used, the availability of the equipment, the frequency of use and what deal is offered. When hiring equipment, it is important to establish the following: Equipment should always be hired from a • The minimum number of hours that must be paid for per day where the hire is on an hourly basis. reputable equipment- • Whether the hire rate includes the operator. hire company, individual or • Whether the rate includes fuels and oils (this is referred to as “wet” if it does and “dry” if it doesn't). organisation. A good equipment-hire • What tools are regarded as part of the equipment to be hired and what must be hired or purchased company should be in addition, e.g. when a compressor is hired, the attachments such as chipping hammers, clay able to provide the spades, moil points, ground engaging tools (GET) and cutting edges must be hired or bought following: separately. • A good service (as they • What will happen in the event of damage to the equipment, for example, damage to tyres, body often specialise in damage, windscreen damage, etc. specific types of equipment). • What (if anything) is covered under the hirer's insurance. • Well-maintained • What happens in the event of injury or death of the operator, or injury and death caused by the equipment in good operator, and damage to property caused by the operator if the contractor provides the operator or condition. if the hirer provides the operator. • Advice on the • Whether the minimum daily hire time is applicable on rainy days. equipment required for certain jobs, such as • Whether the equipment can be booked off-hire for a period when it is not working on a site, or does size of loader, TLB, etc. the hire company offer standing-time rates lower than the normal working rates. required, and whether or not they should be • What will happen in the case of the breakdown of the equipment, e.g. how long will the hirer take tracked or rubber tyred. to get it fixed or will the hirer supply replacement equipment. • Excellent operators with • How much is the cost of transport of the equipment to and from the site. experience, skill and • What the operator's overtime conditions are and whether or not accommodation and transport to knowledge. the site is to be provided every day or when the operator does overtime or not at all. • The notification time of putting the equipment off hire. • What insurance should, or must, be taken out. 3
  • 8. Remember, the clock FORMWORK AND SCAFFOLDING SUPPLIERS is always ticking. Keeping the Formwork and scaffolding suppliers are often able to assist a contractor with the preparation formwork or of tenders if approached to do so. They should: scaffolding for an extra day costs • Determine the quantities of scaffolding that is required and the weekly hire costs based on the money unless a deal drawings and the areas for which scaffolding is required. has been made in • Assist with the planning of the work and provide a price for the most economical formwork solution advance with the for a project, based on the programme and drawings, including the time for re-use of the same supplier. formwork for different parts of the project. It is often better on When hiring scaffolding and formwork, the following is important: projects with long • Make sure that the formwork is checked on and off site as the contractor will be held liable if a piece durations to buy the of equipment, frame, etc. is damaged or lost; this is especially important for small items such as items that can clips. become consumables, such as formwork • Consider asking your supplier to check that the formwork and scaffolding have been correctly and wedges, as these assembled before casting concrete or putting a load onto it. often get lost and • Check that the supplier will deliver and collect the scaffolding and formwork. buying them can be more cost effective. • Make sure that allowance is made in tenders for overruns, damage and the costly cleaning of the equipment, e.g. the shutter pans, props on which concrete has splashed, etc. • Make sure that the price includes for the oiling of the boards and pans with shutter oil. • Use of the correct oils on the shutter as incorrect oils can spoil the surface finish or cause the concrete to stick to the shutter and require the surface to be plastered over. PEOPLE For small and micro enterprises, it may be possible to run an office from your home. In such a case, the owner/member of the business is often responsible for office management, administration, statutory and voluntary registrations, salaries and wages and a host of other activities associated with a head office. There is nothing wrong with a managing member or business owner engaging specialist individuals who are more technically, financially or administratively qualified than they are, conceivably even earning more money for a given period than the managing member themselves. Labour can be employed on construction sites as temporary employees on a contract basis for a period of time on a particular site or permanent employees who are transferred from site to site. Staff needs to be recruited and trained. Appropriately qualified or competent technical and supervisory site staff needs to be employed or engaged for all projects. No compromise on the quality of these human resources can ever be accommodated, as the cost of re-work (including demolition and cartage, new materials and repeat labour, overall downtime and extended time) is not provided for in any budget. The costs of rework erodes the profit that has been provided for in a contract. SUBCONTRACTORS Building up good relations with Subcontractors are an important resource and can provide a contractor with capabilities and subcontractors is capacities that it may not possess. Instead of hiring people specifically to do the work, it is sometimes important. easier to subcontract a company that specialises in that field to come and do the work for the contractor. 4
  • 9. SECTION 2.2: FINANCIAL MANAGEMENT FINANCING A CONSTRUCTION BUSINESS A successful contractor needs not only to have the necessary resources to perform construction works Money is the but should also have access to sufficient money in order to run its daily operations. Money is needed lifeblood of a to start up a business and more money is needed to run a business. The intention of any business business. It must flow should be to take the initial investment (capital) and to use it effectively to bring in a return to the to keep the business alive. investor. The business must make sure that the money invested is put to the best possible use to make as much profit as possible. To do this, a business plan is used to identify how much money is needed and when. Such a plan will enable the owner to predict with some certainty whether the business will make a profit or a loss. Managing finances cannot be left to the contractor's appointed accountant - the decisions made by the owner(s) on how the construction business operates will have a financial implication for the business. The owners take the risk of losing that money if the construction business is badly managed and are compensated for this risk by their share of the profits that are made. If the business is sold, then they will want their share of the value of the business at the time it is sold. SOURCING FINANCE Once the owner has identified how much money is required, he will have to make sure that he can The value of a provide it at the right time. Usually, the owner does not have enough capital to cover the requirements, business grows with especially when starting out, and will have to find it. There are three basic sources of funds: Retained Profits. • Equity Capital - the money the owner or other interested party puts into the business when it starts in order to get it going. • Borrowed Capital - money that the owner borrows in order to increase the business’ ability to perform construction projects. • Retained Profits - money that the owner leaves in the business in order to grow its capacity to do construction projects. The owners of a business always bear the first share of the risk. This is money that the owners invest in the business in return for a share in the profits that the business might make in the longer term. This Equity Capital is made up of money put in by the owners of the business, as well as money that other investors are prepared to put at risk in the belief that they will see a share of the profits of the successful business in the long term. Borrowed Capital normally comes in the form of a bank loan that is secured by the owners of the business. This comes at a cost and the amount of interest that is due should be factored in when the Operating a business estimates of the amount of money required are done. Bank loans and overdrafts are normally short to is risky. There are medium-term loans that the bank reserves the right to ask for repayment of the entire amount with very many factors that little notice. Long-term loans are offered by some of the development institutions in order to support impact on whether a business survives or smaller businesses in speeding up their growth. In all circumstances, there is a requirement for the not. borrowers (owners) to provide collateral for the amount that they borrow. This is often in the form of the owners' personal assets, such as a house or other property, which the bank will take ownership of Remember that the and sell to cover the amount of the loan that is not repaid. Borrowing money is expensive and it puts loan must be fully re- the collateral at risk. paid, along with the interest charged. Retained Profits are the best way of growing a business. Instead of the owners taking out all the profits for their own personal use, by leaving some of the profits within the business they are investing more into the business, enabling the business to perform larger projects and growing its capability. 5
  • 10. Advance payments Sometimes, clients will agree to advance payments for work that is to be performed on a project. These can alleviate cash- mobilisation advances are essentially a short-term loan from the client, and mostly require the flow problems, but contractor to obtain an advance payment bond from another institution such as a bank. The advance they do not increase payment is repaid out of the money that the contractor earns whilst doing the project, generally in profits by themselves. monthly instalments. All the advance payments are paid back in this way before the end of the They save the construction business contract. money he would have paid in interest and the client will KEEPING RECORDS AND ACCOUNTS want a saving to A business must keep track of where its money comes from and what it is used for. It is essential that facilitate this. a business implements a proper accounting system, since it will indicate very quickly whether the Record keeping and business is sound and in good health, and whether there is appropriate financial control over the accounts is like business. When applying for loans this is the first thing that a bank will ask for. feeling the business' pulse. It is not just the business that needs to account for the money. Each individual project should have its own financial system so that the construction business can keep control of costs as well as the income A construction that will come from the project. Each project's accounts are combined with the office overheads to business is made up produce the construction business' overall financial status. These financial control systems can be of the sum of all the simple or complex, but must provide the information required to keep expenditure to less than the projects it has on its income. books plus the office overheads. FIXED ASSETS AND WORKING CAPITAL Fixed assets have a relatively long life and are permanent in nature. Fixed assets are items such as land It is essential to keep and buildings, plant and machinery. It is important not to tie up too much of the business' capital in a balance between fixed assets, since there will not be enough available to perform the work. requirements for working capital and Working capital is the money that flows through the business. This is money that is used to buy the investment in fixed materials or equipment, or pay wages and salaries or subcontractors' invoices until such time as the assets. client pays the contractor for the work that has been completed. This is the money that is used to run the business . The business must have sufficient working capital to ensure that the work can continue until the client pays for the work that has been done. Very often a late payment by the client can cause the business to run out of money to pay wages, pay suppliers for materials and other commitments, and eventually stopping the work. CASH FLOW Cash flow is king! Cash flow is the term used to describe the amount of working capital that a business has at any point Without cash the in time. This is a reflection of the changing balance in the business' bank account. Contractors should business cannot evaluate a client's payment record, and allow for any delays in payment in their calculations for survive. working capital on a project. Project cash flow is calculated from the project costs compared to the project income. The net cash flow is the difference between the two figures. The contractor's cash-flow requirement is simply the cash-flow requirements of all the different projects added together, plus the overhead costs for the office premises and support staff. By keeping this up-to-date, the contractor can forecast how much working capital will be needed to fund the operations, as well as the ability to repay loans or when they will be able to buy new equipment. The cash-flow analysis is essential to operating a construction business. Without cash to pay for wages, materials, equipment hire, etc. the contractor is out of business. 6
  • 11. Example of cash flow for a typical six-month contract for R372 460 MONTH ACTIVITY/ PROJECT PROJECT COST HIGHER INCOME HIGHER NET CASH MILESTONE COST INCOME THAN INCOME THAN COST FLOW R R R R R August Establish site 27 250 27 250 -27 250 and start-up September 67 520 67 520 -94 770 October 68 760 68 760 -163 530 November Receive 69 980 32 640 37 340 -200 870 first payment December Substantially 46 270 68 300 22 030 -178 840 complete January Finish Snag 36 220 71 420 35 200 -143 640 list February 76 140 76 140 -67 500 March 74 840 74 840 7 340 April Receive 15 260 15 260 22 600 last payment May 22 600 June Receive 1st 16 930 16 930 39 530 retention release July 39 530 August 39 530 September 39 530 October 39 530 November 39 530 December Receive 16 930 16 930 56 460 final retention Total 316 000 372 460 56 460 This cash flow shows the following: There are many • The client will pay between 30 and 60 days from date of invoice. factors that affect • The project will take six months to perform. cash flow. One late payment can cause a • Retention is 10%, with half of the retention being paid on occupation by the client and the other half construction business at the end of the contract. to go out of business. • The project will have a profit of R56 460 (or 18%). • The contractor will require a maximum of R200 870 working capital. • The contractor will be out of pocket for seven months • The final profit will only be received 17 months after the project started. Cash-flow forecasts become even more important when more than one project is being worked on at any point in time. Example of three contracts running simultaneously (no retention amounts) CONTRACT PERIOD VALUE ANTICIPATED PROFIT 1 9 months R1 000 000 R100 000 2 6 months R80 000 R12 000 3 5 months R75 000 R5 000 7
  • 12. The projected cash flows for the projects are as follows: CONTRACT 1 Month 1 2 3 4 5 6 7 8 9 Payments made by 50 000 75 000 100 000 135 000 150 000 135 000 100 000 90 000 65 000 business Income 30 000 60 000 100 000 140 000 170 000 150 000 135 000 100 000 115 000 received Net income -20 000 -15 000 0 5 000 20 000 15 000 35 000 10 000 50 000 per month Net cash -20 000 -35 000 -35 000 -30 000 -10 000 5 000 40 000 50 000 100 000 flow CONTRACT 2 Month 1 2 3 4 5 6 Payments made 12 000 12 000 12 000 12 000 12 000 8 000 by business Income 5 000 15 000 15 000 15 000 15 000 15 000 received Net income -7 000 3 000 3 000 3 000 3 000 7 000 per month Net cash flow -7 000 -4 000 - 1 000 2 000 5 000 12 000 CONTRACT 3 Month 1 2 3 4 5 Payments made 15 000 20 000 20 000 10 000 5000 by business Income 5 000 15 000 20 000 20 000 15 000 received Net income -10 000 -5 000 0 10 000 10 000 per month Net cash flow -10 000 -15 000 -15 000 -5 000 5 000 This appears to be a fairly healthy order book. If Contract 1 starts in January, Contract 2 starts in February and Contract 3 starts in April, the net cash flow for the contractor will look like this: JAN FEB MAR APR MAY JUN JUL AUG SEP Contract 1 -20 000 -35 000 -35 000 -30 000 -10 000 5 000 40 000 50 000 100 000 Contract 2 -7 000 -4 000 -1 000 2 000 5 000 12 000 Contract 3 -10 000 -15 000 -15 000 -5 000 5 000 Net cash flow for -20 000 -42 000 -39 000 -41 000 -23 000 -5 000 47 000 55 000 100 000 the busi- ness The contractor has a bank overdraft facility of R65 000, making the contractor's financial situation favourable. The client for Contract 2 does not pay the R5 000 in February, but arrange to pay R20 000 (R5 000 for February and R15 000 for March) in March, which the contractor accepts. The contractor's expenses for February will rise to R47 000. This amount is still within the contractor's bank overdraft limit of R65 000. 8
  • 13. At the end of March however, the client says that his mortgage bond has not yet come through and payment will be made in a few days. The amount of money that the contractor has to borrow in March will now increase from R39 000 to R59 000, which is of concern as Contract 3 is scheduled to start. When the Contract 2 client doesn't pay for the work in April, the contractor is in serious financial trouble. Costs have remained the same and the business has paid out R36 000. The Contract 2 client is still saying that the bond is going to be paid next week. The amount that the contractor has to borrow has now risen to R76 000, i.e.exceeding the bank overdraft limit. This can cause a business to fold. JAN FEB MAR APR Contract 1 -20 000 -35 000 -35 000 -30 000 Contract 2 -12 000 -24 000 -36 000 Contract 3 -10 000 Total -20 000 -47 000 -59 000 -76 000 The situation could have been managed had the contractor told his client that he would accept the R5 000 at the end of March along with the March payment and if the bond had still not come through, the work will stop until such time that the bond came through. Alternatively the contractor could have advised the client that if he did not pay within 14 days the work will stop. (Whatever is said must be put into writing). Had this been done, the cash flow would have looked like this: Failure to ensure a healthy cash flow is JAN FEB MAR APR MAY JUN JUL AUG SEP the most common cause of business Contract 1 -20 000 -35 000 -35 000 -30 000 -10 000 5 000 40 000 50 000 100 000 failure. This occurs even if people are excellent at what they Contract 2 -12 000 -4 000 -4 000 -4 000 -4 000 -4 000 -4 000 -4 000 do. No money, no business. Contract 3 -10 000 -15 000 -15 000 -5 000 10 000 10 000 Total -20 000 -47 000 -39 000 -44 000 -29 000 -14 000 31 000 56 000 106 000 A profit of R106 000 would have been made instead of R117 000. The business would have, however, survived. INVOICING AND TERMS OF PAYMENT Cash flow is the life blood of any business. It is therefore absolutely essential that all invoices are The terms of payment submitted promptly and the claim for payment is followed up with clients to ensure that the payment have a serious effect on a construction is received. business' cash flow. It is also important to understand and agree to the terms of payment, e.g. seven, 14 or 30 days from receipt of invoice before a contract is concluded. Where possible, quotations should include the terms of payment, e.g. within 14 days of invoice. 9
  • 14. SECTION 2.3: MARKETING MARKETING CONCEPTS Marketing can make Construction is both a service and a product. A contractor provides a service by satisfying the client's a difference to a requirements and delivers a product on completion of a project. A contractor's reputation is dependent contractor's on clients being satisfied with both the service and the product. This is a team effort and requires every profitability. employee to play their part in promoting the capabilities of the contractor and the quality of its product. The question “where are next year's profits coming from” should be far more important to a contractor than “what was last year's profit”. The service rendered during a project and the quality of the product can be marketed to secure future work. A client's decision to appoint a particular contractor, particularly a private-sector client (or a main contractor when appointing a subcontractor), is based on many factors. Price is not the only factor. Expertise, experience and a track record of satisfied clients can sway a client's decision to award a contract. Marketing is often confused with selling - Business strategy focuses on the understanding of the forces that shape the construction industry and they are related but winning contracts in a competitive environment. Marketing focuses on interpreting the environment in very different. Selling terms of client requirements and satisfying those requirements. Marketing is all about promoting a focuses on distributing the contractor to the extent that a client moves from being unaware of the contractor to contracting with product or service the contractor on a regular basis. that the business offers, whilst If clients do not know that a contractor exists or what services it offers, they will never engage with them marketing focuses on or contract them to deliver those services. It is essential for a contractor to let the market know that knowing what the they are there and that they mean business. Marketing is a very varied topic that extends from the client needs and glossy media adverts to word-of-mouth. providing the product or service that is Marketing can take many forms, from word-of-mouth to door-to-door canvassing, printed flyers, needed. construction signboards, radio or television adverts, sports sponsorships, billboards and adverts on taxis or just a plain brochure and company profile. PUBLICITY Always ensure that Publicity can take on many forms and there are many different media to use to get the potential clients can message across. The important information that should be incorporated includes: contact you. • The name of the business. • What the business does (and any specialties). • Where the business is located. • How the business can be contacted. • What the business has done in the past. • What the business is currently busy with. • Recommendations from previous clients reflecting that the business is the best at that work. • Why the client should be contracting with this business rather than another one. It is essential that any information provided is totally accurate. If the client finds something wrong with the promotional material, they will not trust the contractor to perform the work or believe what the contractor claims it can do. 10
  • 15. PROMOTING A CONSTRUCTION BUSINESS GENERAL CONSIDERATIONS The marketing of a construction business is very different from the marketing of a supermarket or a Remember, a client is product line. Contractors offer a specialised and complex service and therefore need to let their clients only a contractor's know that the service they can deliver is the best or at least better than their competitors. This can take client when the first payment is received. any form, from photographs of work that they have finished, to references from satisfied clients, to glossy brochures which give an overview of the projects they have completed, to videos that describe the problems the contractor overcame in completing a challenging project. The purpose of promotional activities is to seek out prospective clients and to convert them into actual clients. Advertising can move prospective clients through the stages from “unawareness” to “awareness” and “comprehension”. Personal selling is usually required to move from “comprehension” to “conviction” and ultimately “action” and the signing of a contract. ADVERTISING AND CORPORATE IDENTITY The intensity and nature of advertising activities are very dependent upon the following: Choose an advertising method and media • The nature or type of business. • The competitiveness of the market. that is appropriate and will reach the • The stage of the development of the business. client effectively. For example, a newly established contractor that supplies and installs roof trusses needs to advertise its services and products to a large potential client base that is unaware of the services and products of Increased market share invariably results such a contractor. Advertising for such a business needs to focus on competence and other competitive when a contractor's advantages to attract an initial set of clients in the form of enquiries. reputation as a “quality” contractor More established contractors would need to focus their advertising on the range of their services and spreads. products to maintain “top of mind” awareness. Advertising costs money. From simple business cards to television adverts, each advert costs the contractor money. In each business' marketing plan there must be a budget set aside for marketing that can be used to determine what type and extent of marketing can be used. It is also important to identify what the benefit of a particular advertising campaign might be and a benefit-cost ratio should be worked out for each form of advertising. It is pointless to spend money on advertising if it will not help bring in more work opportunities. IMAGE BUILDING Once the market has been identified and there is a positive action plan in place to support the contractor's goals, the contractor should then promote their image and make it known. Image building is a form of advertising and it manifests in company colour schemes and logos on letter heads, vehicles, Image can be described as how promotional material, signboards and site signage. clients and others perceive a Image building is a relatively easy way to increase a contractor's exposure. A contractor whose name is construction business. familiar will be more likely to secure work than one that is unknown. Signage that reflects and complements a contractor's image should be: • Strategically positioned to ensure maximum exposure. • Compliant with local by-laws. • Constructed from durable materials. • Level, plumb and in good condition. Visual image is also a powerful marketing tool. Neatly dressed staff projects a positive image. The attitude and behaviour of staff affect a person's impression of how the contractor will handle situations that could lead to enhancing the contractor's image. Worker performance (productivity, quality and health and safety) can also project a positive image. 11
  • 16. The factors that harm a contractor's image include: • Accidents. • Late completion. • Lack of concern for the environment. • Untidy sites. • Poor productivity. • Rework. Interestingly, these factors also directly affect the profitability of the contractor. PUBLIC RELATIONS AND CLIENT RECOMMENDATIONS Client recommendations The contractor's profits over the next year and the next few years depend on client satisfaction, which are one of the most in turn is dependent upon how well the contract is managed and executed and if it is successfully powerful promotional completed on time and to the required quality. tools available and need to be nurtured at Probably the most effective marketing tool is word-of-mouth. Once a contractor has successfully all costs. performed on a project, they can ask the client to refer them to other clients. Where a new client is found, the contractor can provide references from their previous clients. It is also important to identify Good references are the most effective way potential sources of work and this is often done by talking to potential clients and seeking out new of marketing a clients. contractor. Other contractors are very often also future clients. Where a contractor secures work that they do not normally do, they subcontract to other contractors. This is a good source of future work and if the contractor performs well as a subcontractor, then the main contractor will call on them to do similar work in the future or refer them to others where similar work is required. PERSONAL SELLING The owners, members or company directors need to market the construction business. They are in the best position to do so. They know the construction business' strengths and weaknesses as well as the limitation in capability and what their likely capacity is for new work. A MARKETING PLAN A critical element of successful marketing is the preparation of a marketing plan. When a contractor has determined the sector they wish to operate in, and the clients they wish to provide services to, and what those clients' needs are, he can start planning how to become more visible, attractive and competitive. The marketing plan is similar to the business plan but focuses on how to portray the work, resources, skills and successes of the contractor. The marketing plan should contain at least: • The business' present situation. • The resources available to the business. • The business' problems and opportunities. • The actions to be taken. • The business' objectives. • The budget for marketing. One way of doing this is by doing a SWOT analysis - identify the business' strengths, weaknesses, opportunities and threats, and then determining what actions are best for improving the good points and removing or mitigating the poorer areas. EFFECTIVENESS OF MARKETING CAMPAIGNS Learn from each The effectiveness of any marketing campaign must be measured. Work opportunities should be campaign how to do measured before and after the campaign has been implemented so that the benefit can be measured better in the next against the cost of the campaign. one. 12
  • 17. SECTION 2.4: TENDER CONSIDERATIONS IDENTIFY THE MARKET SEGMENT A construction business needs to first identify what market segment they want to operate in and which Public sector and other construction businesses they will have to compete against. This will be dictated by the skills and private sector clients operate differently. resources that the construction business has at its disposal, its strengths, as well as an analysis of where Construction the gaps in the market lie (geographic location, type of work and size of contract). businesses should choose which sector The construction business must also determine whether it will operate in the private sector, the public they wish to operate sector or in both. Any construction business is offered the opportunity to compete for public sector in, (or both) and projects provided that they are registered with the Construction Industry Development Board (cidb) in position themselves an appropriate contractor grading designation (see section 1.5). Tenders are normally evaluated on a accordingly. points scoring system in terms of which points are awarded for price and points are awarded for preference. Sometimes, points are also awarded for the quality (functionality) offered by the construction business. In the private sector, however, clients most often choose who they wish to invite to submit tenders or with whom they wish to negotiate subcontracts. There is no point in spending enormous amounts of time, cost and effort in setting up a business or in submitting a tender for work in a market where there is an oversupply of construction businesses competing for work or in a market where a client is likely to prefer to do business with a better-known construction business. There may be barriers to operating in certain sectors that the construction business must overcome in order to be allowed to work, such as the requirements for registration with the Electrical Contractors' Board of South Africa in order to be an electrical contractor, or registration with the NHBRC in order to build new homes (see section 1.5). Know your market IDENTIFY COMPETITORS means: It is important for a construction business to understand who their competitors are, so that the business • Know your client's can offer better or different services and thereby secure work ahead of their competitors. If there is a needs. gap in the market, where there are very few other construction businesses, there will be less • Know what your competition and more opportunities for work. Where there is a market in which there is plenty of work, competition offers. a construction business may get a share despite the high levels of competition. A construction business should investigate this before contemplating starting up a new business. FINDING WORK OPPORTUNITIES Construction businesses have many avenues to pursue to find work opportunities. If they decide to Construction operate in the public sector, they can look for opportunities in the Government Tender Bulletin, businesses can look newspapers, the cidb I-Tender service on the cidb website (www.cidb.org.za) or check their local for opportunities in the Government municipality's tender notice board. Talking to other construction businesses is also good, since Tender Bulletin, information on work that one construction business does not want to do can be very useful to another newspapers, the cidb construction business. This also opens up subcontracting possibilities. I-Tender service on the cidb website (www.cidb.org.za) or PRIVATE AND PUBLIC SECTOR TENDERS AND QUOTATIONS check their local municipality's tender There are differences between the rules that govern the private and public (national and provincial notice board. governments, municipalities, public entities, state-owned enterprises and municipal entities) sector in procuring goods, services and works. The private sector is not required by law to follow any rules relating to procurement (buying) of goods, services or works. They generally choose the lowest price out of all the tenders they receive and will 13
  • 18. Look for work choose a higher price only if they do not feel confident that the company with the lowest price can do opportunities as well a proper job. They are also free to negotiate contracts or to invite a limited number of construction as opportunities to businesses to submit tenders or quotations based on whatever criteria they choose. promote the business for the future. The public sector has many rules that govern the way in which they can procure goods, services or works. The constitution requires that any procurement by a public sector client must be fair, equitable, transparent, competitive and cost effective (see sections 2.5 and 2.6). The documentation used to invite quotations and tenders in the public sector is very similar; the differences in the two processes being how they are advertised and who is authorised to award the contract. Construction businesses are required to submit tender offers on the form of offer and acceptance (see section 2.5) whenever quotations or tenders are called for and written contracts are entered into with a public sector client. The cidb promotes a uniform procurement system. Some private sector clients, particularly those that are publicly listed companies, follow some of the public sector rules. Most contractors will either negotiate subcontracts with subcontractors or invite the construction businesses that they consider able to deliver the required service to submit quotations. Procedures in the private sector where the cidb Standard for Uniformity in Construction Procurement is not applied (see section 2.5) are much less formal with the differences between the calling for quotations and tenders being very different. Typically tenders are invited in terms of a standard form of contract, scope of work, form of tender and stated conditions of tender and only a brief scope of work is provided where quotations are sought. Quotes are accepted verbally or in writing by the issuing of a letter of acceptance. Construction businesses are advised to stipulate that their quotation is conditional upon the client entering into a written contract based on a specified standard form of contract. Construction businesses should stipulate on their quotations for how long the quotation is valid (e.g. one month), after which the business reserves the right to review the price. To be successful, a construction business must know the procurement rules of their clients and prospective clients and abide by them in order for their tender submissions to be evaluated and to be awarded contracts. OBTAINING INFORMATION ON TENDER OPPORTUNITIES Tender documents are The Notice and Invitation to Tender (first page of a tender document prepared in accordance normally available with the requirements of the cidb Standard for Uniformity in Construction Procurement (see from the time they section 2.5)) should contain at least the following information: are advertised until the day the tenders • A reference number. are due. It is • The name of the employer. important to collect procurement • The title of the proposed contract. documents as soon as • A brief description of the supplies and services or engineering and construction works which are required. possible to allow as • The closing date and time for the submission of tenders. much time as possible to prepare the tender • The date, time and place of the compulsory clarification meeting, if any. offer. • The time and place for collecting the procurement documents. This notice may also: • Contain the name and contact particulars of a person to whom queries in relation to the tender may be directed. • Establish the cidb contractor grading requirements. • Briefly describe any eligibility criteria, deposits payable for procurement documentation and preferences, if any, that are offered. 14
  • 19. Tender advertisements in the media contain some or all of the above information. This information The Construction enables prospective tenderers to make informed decisions regarding the tender opportunity. Industry Development Construction businesses should not pursue tendering opportunities outside of their cidb contractor Board Act, 2000, prohibits the award grading designations (see sections 1.5 and 2.6) or where they don't satisfy any stated eligibility criteria. of a public sector If they do so, the employer will not evaluate their tender. Estimates of these requirements are provided construction works in the Tender Notice and Invitation to Tender. Eligibility criteria are stated in Clause F.2.1 of the Tender contract to an Data where use is made of the cidb Standard Conditions of Tender. unregistered contractor. An employer is not permitted in terms of the Construction Industry Development Regulations to award a public sector construction works contract to a construction business that does not satisfy the required cidb contractor grading requirements (see sections 1.5 and 2.6). When collecting a tender document, it is important to sign and fill in the construction business' contact particulars in any register that the employer may have. This will allow the employer to inform the construction business if the closing date for the tender is extended or to issue addenda (changes to the tender document). ANALYSING THE REQUIREMENTS OF THE TENDER DOCUMENTS It is important to A construction business should read through the entire tender document as soon as possible after the establish at the documents have been collected from the client or the client's agents. Documents formatted and earliest possible stage compiled in accordance with the requirements of the cidb Standard for Uniformity in which documents Construction Procurement have a standard structure of component documents with standard need to be submitted contents and are divided into three basic components (see section 2.6): with a tender. Failure to do so may mean • Tendering procedures that contain only information that pertains to the submission and evaluation that the tender of the tender in terms of the cidb Standard Conditions of Tender. cannot be completed • Returnable documents that the tenderer (construction business) is required to complete. by the closing date for tender • The draft contract that sets out the terms and conditions of the contract that will ultimately be submissions. concluded with the successful tenderer. The construction business should carefully read through the documents and make notes of deadlines for submission, documents that must be provided with the tender (tax clearance certificates, CVs, company profiles, etc.) and make sure that what the client wants is clearly understood. The returnable documents include the pricing section as well as forms that request certain specific information, such as those relating to preferences, resources to execute the contract and previous work experience. The draft contract needs to be understood - the rights, risks and obligations (see section 2.8) as well as the manner in which the contractor is to be paid (see section 2.7). ANALYSING THE OPPORTUNITY FOR PROFIT The construction business should confirm whether or not it is able to perform the work that is required by the client, and if so, easily or with difficulty. Experience in work of a similar nature should provide the answers to these critical questions. However, work that is easy is not always profitable. The construction business also needs to evaluate whether or not it will be more competitive than its competitors in performing the work while still making a reasonable profit after the contract is finished. An accurate estimate of what the likely cost of the works might be needs to be made before a tender offer can be made (see section 2.9). Estimating is the process of predicting the costs of carrying out the work. Tendering is the subsequent commercial process of making an offer based upon these estimated costs, plus an element of profit and if necessary, risk. 15
  • 20. The drawings and The estimate should take into account the methods of building or construction to be used and all the specifications provide circumstances that may affect the carrying out and completion of the work. A reliable estimate can estimators with how only be achieved by analysing each operation into simple elements and estimating the cost the job is to be built methodically and accurately (see section 2.9). and what resources are required. On larger projects, it may be necessary or prudent to draw up a preliminary programme or bar chart in order to get a better understanding of the sequences and timing of operations. The estimator must be aware of important project specific aspects as they may affect the estimates. These include: • Commencement and completion dates. • Client requirements for phasing or staging completion. • Other requirements regarding the sequencing of work. • Work to be carried out by others. • Work to be subcontracted. • Site conditions. • Key items or materials requiring firm delivery arrangements. The scope of work, which includes the specifications and drawings, will indicate the following: • The required quantity of work. • The required quality of the finish and standard of workmanship. • If operations are repetitive. • If excessive or detailed setting out is required. • The required degree of accuracy and tolerances. • If the design is intricate or straightforward. • If special skills will be needed. • If any special construction sequence is necessary. • If the operation: • is within the experience of the existing employees; • requires special instruction or training; and • will require the employment of additional trained personnel. • The accessibility of the site. • Height or depth of work. • Any double handling of material. • Restrictions in working, e.g. occupational health and safety requirements, requirements for subcontracting portions of the works, employment of local labour. A review of the scope The tender programme, if produced, will indicate the following: of work, the tender • The time available for activities on the site. programme and a visit to the site may • If work will be continuous or intermittent. indicate that the • The degree of interdependency of activities, trades and operations. contract is unattractive to the • The relative proportions of supervisory, skilled and unskilled employees that are required and the construction business, size of work teams. in which case the • The timing and extent of equipment that needs to be sourced or provided. construction business should decide not to A visit to the site and its surroundings will provide an indication of: submit a tender. • The travelling costs that are likely to be associated with the site. • Physical conditions and any restrictions likely to be encountered. 16
  • 21. • Site layout, storage and unloading facilities. • The likely skill, experience and availability of local labour. Once the construction business is satisfied that it can provide the client with what the client requires, the risks associated with the contract need to be assessed, e.g. rain, heavy traffic, labour disputes, material suppliers not delivering, etc. Each of these risks needs to be evaluated in order to arrive at an informed decision as to whether or not to submit a tender (see section 2.9). The construction business needs to take into account all of the above when estimating what the cost of the works is likely to be and what level of risk allowance should be made. Construction businesses should not tender for work where the business is: • Unlikely to make a profit. • Not confident that it can perform the works. • Unlikely to be competitive. CLARIFICATION MEETING Many clients provide a clarification meeting (site inspection or briefing session) before the closing of tenders. All tenderers are required to attend compulsory clarification meetings failing which their tender submission will not be evaluated by clients. The tender advertisements and tender documents provide details of the time and place where these meetings are to be held and indicate whether or not the meeting is compulsory. Clarification meetings that take place on site (site inspections) allow prospective tenderers to familiarise The purpose of a site themselves with the site conditions and gives the client or the clients representative the opportunity to visit is to find out as inform tenderers of particular client requirements, site conditions, ground conditions, where waste may much as possible be dumped, materials may be borrowed or camps and offices may be established, as well as about the conditions on site and how they environmental issues, such as sensitive wetland areas or access to the site. may affect the Site inspections provide the construction business with an opportunity to obtain answers to construction process. This allows the questions such as: construction business • Where is the site? to assess their risks and to make an • What are the site conditions? informed risk • How can the site be accessed? allowance in the • What are the soil conditions on the site? tender offer. • What services (water, electricity, etc.) are available on the site? • Where can unwanted or surplus soil, rubble and rubbish be disposed of? • What are the arrangements for site security, if any? • What are the local conditions relating to labour and the supply of materials? A briefing session will generally cover issues that do not necessarily have to be discussed on site or where the site is not accessible for some reason. These issues are normally discussed at the client's premises and give tenderers an opportunity to clarify any points that they are not completely comfortable with. When the site inspection or briefing session is compulsory, it is essential that the construction business either records its presence on the register that the client passes around or gets the client's representative to sign the form provided for this purpose in the tender documents. Without this clear confirmation, a construction business' tender will become invalid, even if it did attend the meeting, since there is no way for the client to remember each person at the meeting. The onus lies on the construction business to provide the proof of attendance. 17
  • 22. MAKING A TENDER SUBMISSION A construction business should carefully read the conditions of tender and observe the following when submitting a tender offer: • Confirm that the eligibility criteria are complied with. • Attend the clarification meeting, if any. • Follow the instructions for: • pricing the tender offer; • submitting a tender offer; and • submitting alternative offers. • Ensure that the tender offer is received by the employer before the closing time for tenders. Section 2.6 provides further information where the cidb Standard Conditions of Tender are used and the cidb Register of Contractors is applied in the procurement. The construction business must complete all the documents that the employer requests. Where documents have been formatted and compiled in accordance with the cidb's Standard for Uniformity in Construction Procurement, the list of returnable documents lists all the documents that have to be completed or submitted. This list is a useful checklist. Construction businesses should study this list carefully and ensure that everything that needs to be completed is filled in and signed and that everything that needs to be submitted is included in the tender submission. The construction business should draw up its own checklist of documents that have to be completed where documents are not formatted and compiled in accordance with the cidb Standard for Uniformity in Construction Procurement. T2.1 LIST OF RETURNABLE Often the client will base his evaluation on a construction business' experience in performing work of a DOCUMENTS similar nature and will require descriptions of the work that a construction business has previously done The tenderer must complete and who the previous clients were, along with contactable references that allows the client to confirm the following returnable how the construction business actually performed. documents: This information may be used to demonstrate a construction business' capability of performing the work. 1. Returnable Schedules required for tender evaluation purposes Alternatively it may be used in the scoring of tender submissions where quality forms part of the score. Construction businesses are advised to provide comprehensive submissions where the information is 2. Other documents required for tender evaluation purposes used to score tenderers as the evaluators can only score the information that is provided to them in the 3. Returnable Schedules that will tender submissions. be incorporated into the contract The construction business should also confirm how many copies of documents and which certificates 4. Other documents that will be need to be included in the tender submission. These requirements may be found in the following incorporated into the contract clauses of the Tender Data where the cidb Standard Conditions of Tender are used: 5. C1.1 Offer and acceptance • Clause F.2.13.3 - number of copies. 6. C1.2 Contract Data (Part 2) • Clause F.2.20 - securities, bonds and guarantees. 7. C2.2 Bill of quantity • Clause F.2.23 - certificates. Construction businesses, may in their tender offers, propose deviations to the client's requirements or exclude some of the client's requirements by qualifying their tender offers in order to remove unacceptable or onerous requirements. Such deviations and qualifications may, however, not be acceptable to the client. The cidb Standard Conditions of Tender in Clause F.3.8.2 only permit deviations and qualifications which: • Don't detrimentally affect the scope, quality or performance of the works. • Significantly change the client's or construction business' risks and responsibilities under the contract. • Affect the competitive position of tenderers complying with the client's requirements. Construction businesses must be cautious when proposing deviations and qualifications in their tender offers. Copies of the tender submission should be made so that any queries raised by the client or his agents during the evaluation of tenders may be answered. 18
  • 23. TENDER CHECKLIST One of the most important aids that a construction business (intending to contract either as a main contractor or subcontractor) can have at tender stage is a tender checklist. The purpose of such a list is to act as a reminder to tenderers of particular issues for consideration when preparing tenders. 1. Work: What is the nature and extent of the work that the tenderer is required to undertake? • Is the tenderer responsible for any portion of the design of the work? • Is the location, start date and probable duration of the project known? • Can this contract be undertaken given the construction business’ current and foreseeable contractual commitments, resources and work load? 2. Form of contract: Is the contract a standard form of contract or subcontract recommended by the cidb (see section 2.8) or are there any amendments or variations to the standard conditions of contract? • What is the risk associated with signing an “unknown” form of contract or an extensively modified form of contract on issues such as payment terms, administrative procedures, procedures relating to practical and final completion, resolution of disputes, claims procedures, interest on overdue payments, the contractor's right to suspend the works for default on payment, claims for extension of time, recovery of costs due to client delay, etc. 3. Tender period: Can the tenderer prepare and submit a tender in the time allowed? 4. Client: Is the client an acceptable credit risk? Is the client known to be slow in making payments? 5. Scope of work: What are the works that are to be provided and any other requirements and constraints relating to the manner in which the contract work is to be performed? • Are the specifications clear and comprehensive? • What are the acceptance criteria, if any, for the works and components thereof? • Do the drawings that are provided clearly establish what is required? • How difficult is it to comply with the constraints relating to the manner in which the works are to be performed, e.g. program constraints, local resource requirements quality management systems, etc.? • Can the works be constructed in accordance with the drawings and specifications? • What is the quality of the information provided in the scope of work? • How complete is the information? 6. Payment terms and pricing strategy: • Are the pricing strategy or payment terms attractive? • Can the construction business finance the works within the required pricing strategy, payment terms and levels of retention monies at the various stages of the contract? • Is there sufficient compensation for late payment by the client? 7. Performance bonds: Is a performance bond required? • What is the amount of the performance bond? 8. Price escalation: Is the contract price subject to adjustment to allow for price inflation? • Are the formula for and the indices relating to price adjustment known? 9. Insurance: What are the requirements for insurance that will affect the tendered price? 10.Dispute resolution: If a dispute arises, what is the method of resolution? Mediation, adjudication, litigation, arbitration, etc? 11 Penalties for late completion: What are the penalties for late completion and are they excessively high? 19